Events of Default Clause Example with 9 Variations from Business Contracts
This page contains Events of Default clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; (b) any of the representations or warranties made by the Company or WiSA LLC or any of their respective agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is made or deemed to be made, or any certificate or financial... or other written statements furnished by or on behalf of the Company or WiSA LLC to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. 7.2 Investor Right to Investigate an Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are set forth in the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor may declare, by notice to the Company, effective immediately, all outstanding obligations by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's notice.View More
Variations of a "Events of Default" Clause from Business Contracts
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; Notes or any other Transaction Document; (b) any of the representations or warranties made by the Company or WiSA LLC any Subsidiary or any of their respective agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is ma...de or deemed to be made, or any certificate or financial or other written statements furnished by or on behalf of the Company or WiSA LLC any Subsidiary to the Investor Investors or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. 7.2 Investor Right to Investigate an Event of Default. If in reasonable opinion of a Majority of Interest of the Investor's reasonable opinion, Investors, an Event of Default has occurred, or is or may be continuing: (a) the Investor Unitholder Representative acting on behalf of the Investors may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor Unitholder Representative in such investigation; 25 27 (c) the Company shall comply with all reasonable requests made by the Investor Unitholder Representative to the Company in connection with any investigation by the Investor Unitholder Representative and shall (i) provide all information requested by the Investor Unitholder Representative in relation to the Event of Default to the Investor; Unitholder Representative; provided that the Investor Unitholder Representative agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor Investors, and, if and as applicable, the Unitholder Representative in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor Investors and the Unitholder Representative, as applicable, shall have such remedies as are set forth in the Note. Notes. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor Unitholder Representative may declare, by notice to the Company, effective immediately, all outstanding obligations by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor Unitholder Representative may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's Unitholder Representative's notice. View More
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; Notes or any other Transaction Document; (b) any of the representations or warranties made by the Company or WiSA LLC any Subsidiary or any of their respective agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is ma...de or deemed to be made, or any certificate or financial or other written statements furnished by or on behalf of the Company or WiSA LLC any Subsidiary to the Investor Investors or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. 7.2 Investor Right to Investigate an Event of Default. If in reasonable opinion of a Majority of Interest of the Investor's reasonable opinion, Investors, an Event of Default has occurred, or is or may be continuing: (a) the Investor Unitholder Representative acting on behalf of the Investors may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor Unitholder Representative in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor Unitholder Representative to the Company in connection with any investigation by the Investor Unitholder Representative and shall (i) provide all information requested by the Investor Unitholder Representative in relation to the Event of Default to the Investor; Unitholder Representative; provided that the Investor Unitholder Representative agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor Investors, and, if and as applicable, the Unitholder Representative in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor Investors and the Unitholder Representative, as applicable, shall have such remedies as are set forth in the Note. Notes. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor Unitholder Representative may declare, by notice to the Company, effective immediately, all outstanding obligations by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor Investors shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor Unitholder Representative may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's Unitholder Representative's notice. View More
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under (as defined in the Note; Note); (b) any of the representations or warranties made by the Company or WiSA LLC or any of their respective its agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is made or deemed to be made, inclu...ding as of the Closing Date, or any certificate or financial or other written statements furnished by or on behalf of the Company or WiSA LLC to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any including as of the Closing Date; or 24 (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. 9. 7.2 Investor Right to Investigate an Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are set forth in the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) five (5) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor may declare, by notice to the Company, effective immediately, all outstanding obligations by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any the Closing under this Agreement or to accept the conversion of any the Note into Conversion Shares. (c) If any Event 25 8. TERMINATION 8.1 Events of Default occurs and is not remedied within Termination. Prior to the occurrence of the Closing, this Agreement: (a) may be terminated: (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), Investor on the occurrence or existence of a Securities Termination Event or a Change of Control; and (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), the Investor may, by either Party, by written notice to the Company, other Party, effective immediately, if the Closing has not occurred within ten (10) Business Days of the date specified by this Agreement or such later date as the Company and the Investor agree in writing, provided that the right to terminate this Agreement effective as under this Section 8.1(a)(ii) is not available to any party that is in material breach of or material default under this Agreement or whose failure to fulfill any obligation under this Agreement has been the principal cause of, or has resulted in the failure of the date set forth Closing to occur; or (iii) by the Investor, in accordance with Section 7.3(c). 8.2 Effect of Termination. (a) Subject to Section 8.2(b), each party's right of termination under Section 8.1 is in addition to any other rights it may have under this Agreement or otherwise, and the Investor's notice. exercise of a right of termination will not be an election of remedies. (b) If the Investor terminates this Agreement under Section 8.1(a)(i): (i) the Investor may declare, by notice to the Company, all outstanding obligations by the Company under the Transaction Documents to be due and payable without presentment, demand, protest or any other notice of any kind all of which are expressly waived by the Company, anything to the contrary contained in this Agreement or in any other Transaction Document notwithstanding; and (c) Nothing in this Agreement will be deemed to release the Purchaser from any liability for any breach by such party of the terms and provisions of this Agreement or to impair the right of any party to compel specific performance by any other Party of its obligations under this Agreement. View More
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; (b) any of the representations or warranties made by the Company or WiSA LLC or any of their respective its agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is made or deemed to be made, or any certificate or finan...cial or other written statements furnished by or on behalf of the Company or WiSA LLC to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. Agreement. 7.2 Investor Right to Investigate an Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are is set forth in the Note. 25 (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Sections 5.1(c) and 7.1(c) or Section 7.1(c), 3.2 of the Note, or (ii) ten (10) Business Days from receipt of notice of an Event of Default for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to described in Section 7.1(b), 2.1(i), 2.1(j) or 2.1(k) of the Note, the Investor may declare, by notice to the Company, effective immediately, all outstanding obligations by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Sections 5.1(c) and 7.1(c) or Section 7.1(c), 3.2 of the Note, or (ii) ten (10) Business Days from receipt of notice of an Event of Default for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to described in Section 7.1(b), 2.1(i), 2.1(j) or 2.1(k) of the Note, the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's notice. View More
Events of Default. 7.1 Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; (b) any of the representations or warranties made by the Company or WiSA LLC Company, any Private Subsidiary or any of their respective agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is mad...e or deemed to be made, or any certificate or financial or other written statements furnished by or on behalf of the Company or WiSA LLC any Subsidiary to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including but not limited to those set forth in Section 10. 5.7, Section 5.13, Section 6.1(k), and Section 10; or (d) any default or breach, in any material respect, under the Post Closing Matters Agreement. 7.2 Investor Right to Investigate an Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is it wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) five (5) Business Days of such request; and 22 (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 7.3 Remedies Upon an Event of Default Default. (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are set forth in the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), Days, the Investor may declare, by notice to the Company, Company or the applicable Subsidiary, as applicable, effective immediately, all outstanding obligations by the Company and WiSA LLC or the applicable Subsidiary, as applicable, under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. Agreement. (c) If any Event of Default occurs and is not remedied within (i) two (2) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), Days, the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's notice. View More
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; (b) any of the representations or warranties made by the Company or WiSA LLC or any of their respective its agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is made or deemed to be made, or any certificate or finan...cial or other written statements furnished by or on behalf of the Company or WiSA LLC to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. Agreement. 7.2 Investor Right to Investigate an Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and 23 (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are set forth in the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) five (5) Business Days following the Company becoming aware of such Event of Default or the Investor notifying the Company in writing of the occurrence of such Event of Default, whichever is earlier, for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days following the Company becoming aware of such Event of Default or the Investor notifying the Company in writing of the occurrence of such Event of Default, whichever is earlier, for an Event of Default occurring pursuant to Section 7.1(b), the Investor may declare, by notice to the Company, effective immediately, all outstanding obligations by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any the Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) five (5) Business Days following the Company becoming aware of such Event of Default or the Investor notifying the Company in writing of the occurrence of such Event of Default, whichever is earlier, for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days following the Company becoming aware of such Event of Default or the Investor notifying the Company in writing of the occurrence of such Event of Default, whichever is earlier, for an Event of Default occurring pursuant to Section 7.1(b), the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's notice. View More
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; (b) any of the representations or warranties made by the Company or WiSA LLC or any of their respective its agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is made or deemed to be made, or any certificate or finan...cial or other written statements furnished by or on behalf of the Company or WiSA LLC to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. Agreement. 7.2 Investor Right to Investigate an and Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 23 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are is set forth in the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days of written notice thereof for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days of written notice thereof for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to Section 7.1(b), described in 2.1(j) or 2.1(k) of the Note, the Investor may declare, by notice to the Company, effective immediately, all outstanding obligations (if any) by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) Business Days of written notice thereof for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days of written notice thereof for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to Section 7.1(b), described in 2.1(j) or 2.1(k) of the Note, the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's notice. View More
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under the Note; (b) any of the representations or warranties made by the Company or WiSA LLC or any of their respective its agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is made or deemed to be made, or any certificate or finan...cial or other written statements furnished by or on behalf of the Company or WiSA LLC to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. Agreement. 7.2 Investor Right to Investigate an and Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are is set forth in the Note. 25 (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) Business Days of written notice thereof for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days of written notice thereof for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to Section 7.1(b), described in 2.1(j) or 2.1(k) of the Note, the Investor may declare, by notice to the Company, effective immediately, all outstanding obligations (if any) by the Company and WiSA LLC under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) Business Days of written notice thereof for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days of written notice thereof for all other Events of Default, provided, however, that there shall be no cure period for an Event of Default occurring pursuant to Section 7.1(b), described in 2.1(j) or 2.1(k) of the Note, the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's notice. View More
Events of Default. The occurrence of any of the following events shall be an "Event of Default" under this Agreement: (a) an Event of Default under (as defined in the Note; Note); (b) any of the representations or warranties made by the Company or WiSA LLC or any of their respective its agents, officers, directors, employees or representatives in any Transaction Document or public filing being inaccurate, false or misleading in any material respect, as of the date as of which it is made or deemed to be made, inclu...ding as of any Closing Date, or any certificate or financial or other written statements furnished by or on behalf of the Company or WiSA LLC to the Investor or any of its representatives, is inaccurate, false or misleading, in any material respect, as of the date as of which it is made or deemed to be made, or on including as of any Closing Date; or (c) a failure by the Company to comply with any of its covenants or agreements set forth in this Agreement, including those set forth in Section 10. Agreement. 7.2 Investor Right to Investigate an Event of Default. If in the Investor's reasonable opinion, an Event of Default has occurred, or is or may be continuing: (a) the Investor may notify the Company that is wishes to investigate such purported Event of Default; (b) the Company shall cooperate with the Investor in such investigation; 25 (c) the Company shall comply with all reasonable requests made by the Investor to the Company in connection with any investigation by the Investor and shall (i) provide all information requested by the Investor in relation to the Event of Default to the Investor; provided that the Investor agrees that any materially price sensitive information and/or non-public information will be subject to confidentiality, and (ii) provide all such requested information within three (3) Business Days of such request; and (d) the Company shall pay all reasonable costs incurred by the Investor in connection with any such investigation. 7.3 Remedies Upon an Event of Default (a) If an Event of Default occurs pursuant to Section 7.1(a), the Investor shall have such remedies as are set forth in the Note. (b) If an Event of Default occurs pursuant to Section 7.1(b) or Section 7.1(c) and is not remedied within (i) two (2) five (5) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), Days, the Investor may declare, by notice to the Company, Company or the applicable Subsidiary, effective immediately, all outstanding obligations by the Company and WiSA LLC or the applicable Subsidiary under the Transaction Documents to be immediately due and payable in immediately available funds and the Investor shall have no obligation to consummate any Closing under this Agreement or to accept the conversion of any Note into Conversion Shares. (c) If any Event of Default occurs and is not remedied within (i) two (2) (five (5) Business Days for an Event of Default occurring by the Company's failure to comply with Section 7.1(c), or (ii) ten (10) Business Days for an Event of Default occurring pursuant to Section 7.1(b), Days, the Investor may, by written notice to the Company, terminate this Agreement effective as of the date set forth in the Investor's notice. View More
