Additional Default Provisions Sample Clauses

Additional Default Provisions. If EarthLink fails to pay the undisputed fees for XGDSL Services within forty-five (45) calendar days after invoice date, upon seven (7) days written notice to EarthLink (or if EarthLink fails to meet any of its other material obligations under this Agreement after being given fifteen (15) days prior written notice to cure such other non-payment related breach), Covad may stop taking orders for additional XGDSL Services and stop provisioning XGDSL Services not yet installed until EarthLink pays the undisputed amount or otherwise cures the applicable breach. If EarthLink fails to pay the undisputed fees for XGDSL Services within sixty (60) calendar days after such notification (“Payment Default”), Covad may do any or all of the following in its discretion and upon seven (7) days written notice: (i) terminate any or all of the XGDSL Services, (ii) disconnect any End Users and treat such disconnection as a disconnection of the circuit by EarthLink, (iii) terminate this Agreement, (iv) notify EarthLink ‘s End Users of the pending termination, (v) transition EarthLink’s End Users to Covad or another customer of Covad, and (vi) set off and apply any and all Prepaid Funds, marketing development, funds, refunds, financial obligations or other financial incentive to the extent the foregoing amounts are owed by Covad to or for the account of EarthLink under this Agreement against any and all of EarthLink’s undisputed and unpaid amounts under this Agreement. In the event of a termination due to EarthLink’s nonpayment, EarthLink shall remain responsible for and shall pay Covad all fees accrued prior to the date of termination and all liability imposed hereunder for terminating the End Users prior to the end of their respective End User Terms. Covad will repay any remaining Prepaid Funds (without interest) within two years of the termination for Payment Default.
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Additional Default Provisions. Upon Default by a Member, all rights and benefits attributable to the Membership Interest held by such Defaulting Member will be suspended until such Defaulting Member has cured its Default or the purchaser of such Membership Interest has been admitted to the Company as a Member (such purchaser not to be deemed a Defaulting Member with respect to the Default of the Defaulting Member from whom such Membership Interest was purchased). During the suspension period, neither the Defaulting Member nor its representative on the Board of Directors, if any, will have any voting or other rights attributable to its Membership Interest.
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Additional Default Provisions. In the event of default by Customer, the parties hereto specifically acknowledge that Supplier shall have the right to repossess any rental CPE or financed CPE not paid in full (in addition to any other default remedies provided in the Master Service Agreement), and Customer shall be liable for any restocking costs, shipping costs, or other applicable charges or damages incurred by Supplier.
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Additional Default Provisions i. Easthampton may terminate this Agreement if Easthampton reasonably determines that: 1. There is a substantial change in the Use or Site Plan of the Property without prior approval from Easthampton. 2. The Company is failing or has failed to diligently pursue all necessary permits for the MDO following the Commencement Date and the Company has not cured same within sixty (60) days of notice from 3. The Company loses Site Control and the Company has not cured same within sixty (60) days of notice from Easthampton; or 4. The Company ceases to conduct sales from its MDO in the Easthampton and has not notified Easthampton of its voluntary termination for discontinuance of operations as set forth above. ii. In the event of termination under any of the forgoing provisions, an adjustment of any remaining CIF shall be calculated as of the date notice of termination was sent by Easthampton and any time to cure had passed. Absent cure by the Company, payment of any outstanding Host or other fee, levy tax or the like of any nature or kind, including any liquidated damages then due and owing like shall be paid to Easthampton by certified funds or attorney’s IOLTA account check within thirty (30) days of the last day to cure such default. iii. In addition to any other remedy for default under this Agreement, in the event of default and subsequent termination of the Agreement under this provision, the Company acknowledges that Easthampton will incur legal fees, costs and expenses in enforcing its rights under this Agreement and therefore agrees that if the Company’s default under this Agreement is proven, the Company shall reimburse Easthampton for its reasonable legal fees and costs associated with the enforcement of this Agreement up to Ten Thousand and 00/100 Dollars ($10,000.00). If Easthampton files suit for an alleged default under this Agreement, and the Company substantially prevails in defending such litigation as determined by a court of competent jurisdiction, Easthampton shall reimburse the Company’s reasonable legal fees and costs up to Ten Thousand and 00/100 Dollars ($10,000.00).
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Additional Default Provisions. In addition to the default provisions included in Article 9 of the Contract, the following default provisions shall apply:
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Additional Default Provisions. The following are hereby added as additional events of default: (i) any representatives or statement made or furnished to Lender by Borrower or on Borrower's behalf that is incorrect in any material respect either now or at the time made or furnished, (ii) any default under a Related Document, as defined herein.
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Additional Default Provisions. To the extent permitted by applicable law, this Lease and Term and estate hereby granted are subject to the limitation that whenever TENANT shall make an assignment of the property of TENANT for the benefit of creditors or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against TENANT under any bankruptcy or insolvency law, or whenever a petition shall be filed against TENANT under the reorganization provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a petition shall be filed by TENANT under the arrangement provisions of the United States Bankruptcy Code or under the provisions of any law of like import, or whenever a permanent receiver of TENANT or of or for the property of TENANT shall be appointed, then such shall be considered a default under Paragraph 32 herein and LANDLORD, (a) at any time after receipt of notice the occurrence of any such event, or (b) if such event occurs without the acquiescence of TENANT, at any time after the event continues for one hundred twenty (120) days, may give TENANT a notice of intention to end the term of this Lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this Lease and the Term and estate hereby granted, whether or not the Term shall theretofore have commenced, shall terminate with the same effect as if that day were the Lease Expiration Date, but TENANT shall remain liable for damages as provided in Paragraph 34. If this Lease shall be assumed or assigned by a trustee pursuant to the provisions of the Bankruptcy Reform Act of 1978 ("Bankruptcy Act"), the trustee shall cure any default under this Lease and shall provide such adequate assurance of future performance of this Lease as are provided in Section 365(b)(3) of the Bankruptcy Act, including without limitation, adequate assurance ("Adequate Assurances") (i) of the source of the Base Rent and Additional Rent; (ii) that there shall be no substantive breach in the provisions of this Lease; and (iii) that the use of the Premises shall in no way (a) diminish the reputation of the Building as a first class retail establishment, or (b) impose any additional burden on the building systems or increase the services to be provided by LANDLORD. If the trustee does not cure said defaults and provide Adequate ...
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Additional Default Provisions. Default. The following are Events of Default under the Note, the Warrant, and any other document related to the transactions contemplated by Securities Purchase Agreement Document SPA-02132013: (i) the Borrower shall fail to pay any principal under the Note when due and payable (or payable by conversion) thereunder; or (ii) the Borrower shall fail to pay any interest or any other amount under the Note when due and payable (or payable by conversion) thereunder; or (iii) the Borrower shall fail to pay any amount under the Warrant when due and payable (or payable upon exercise) thereunder; or (iv) the Company shall fail to honor its obligations under the Securities Purchase Agreement, any other document related to the Securities Purchase Agreement; or any other written agreement between the Company and the Purchaser; or (v) any representation of the Company under Representations and Warranties Agreement Document RW-02132013 was untrue at the time it was made or the Company shall fail to honor any warranty made by the Company under such Representations and Warranties Agreement; or (vi) a receiver, trustee or other similar official shall be appointed over the Borrower or a material part of its assets; or (vii) the Borrower shall become insolvent or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any; or (viii) the Borrower shall make a general assignment for the benefit of creditors; or
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Additional Default Provisions. (i) Notwithstanding anything herein to the contrary, Landlord shall be obligated to make reasonable efforts to mitigate its damages resulting from any breach of this Lease by Xxxxxx. (ii) Except for the legal remedy of damages (provided Landlord shall, in all instances, be required to mitigate damages) and the equitable remedy of an injunction, the remedies of Landlord herein shall be exclusive of any other remedies. (iii) If the laws of the State in which the Premises are located provide Landlord with a lien, a right of distraint, or any other priority with respect to tangible personal property, medical records, or trade fixtures Tenant now or hereafter locates in the Premises, then Landlord waives and shall not hereafter assert or enforce such rights with respect to such property. (iv) Notwithstanding anything herein to the contrary, in no event shall Landlord or Tenant be liable for, and Landlord and Tenant each hereby waive any claim for any indirect, special, exemplary, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease.
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Related to Additional Default Provisions

  • Default Provisions In addition to any Default arising under Section 20.1 above, each of the following shall constitute a Default: (a) if Tenant fails to pay Rent or any other payment when due hereunder within ten (10) days after written notice from Landlord of such failure to pay on the due date; provided, however, that if in any consecutive 12 month period, Tenant shall, on two (2) separate occasions, fail to pay any installment of Rent on the date such installment of Rent is due, then, on the third such occasion and on each occasion thereafter on which Tenant shall fail to pay an installment of Rent on the date such installment of Rent is due, Landlord shall be relieved from any obligation to provide notice to Tenant, and Tenant shall then no longer have a ten (10) day period in which to cure any such failure; (b) except as is otherwise provided below in this Section 20.2, if Tenant fails, whether by action or inaction, to timely comply with, or satisfy, any or all of the obligations imposed on Tenant under this Lease (other than the obligation to pay Rent) for a period of 30 days after Landlord’s delivery to Tenant of written notice of such default under this Section 20.2(b); provided, however, that if the default cannot, by its nature, be cured within such 30 day period, but Tenant commences and diligently pursues a cure of such default promptly within the initial 30 day cure period, then, as long as Tenant continues to diligently pursue such a cure to completion, Landlord shall not exercise its remedies under Section 21 unless such default remains uncured for more than 270 days after the initial delivery of Landlord’s original default notice and same shall not be deemed to be a “Default” for purposes of this Lease; (c) the occurrence of a default under any or all of the leases scheduled on Exhibit D (“Other Leases”), which default under one or more of the Other Leases is not cured on a timely basis, pursuant to the terms of the applicable Other Lease(s) (“Other Lease Default”); upon the occurrence of an Other Lease Default, there shall be no notice required to be delivered hereunder, nor shall any cure period be available to Tenant hereunder; rather, the occurrence of an Other Lease Default shall immediately constitute a Default under this Lease; and (d) Guarantor defaults under any or all of its obligations under that certain Guaranty of Lease, dated of even date herewith (the “Guaranty”), and fails to cure same within the time period, if any, provided in the Guaranty (each, a “Guaranty Default”); upon the occurrence of any Guaranty Default, there shall be no notice required to be delivered hereunder, nor shall any cure period be available to Tenant hereunder, but rather the occurrence of a Guaranty Default shall immediately constitute a Default under this Lease.

  • BREACH AND DEFAULT PROVISIONS ‌ A. Stipulated Penalties OIG may assess:‌‌ 1. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.A;‌ 2. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.B;‌ 3. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.C;‌ 4. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.D;‌ 5. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.E;‌ 6. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.F;‌ 7. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.G;‌ 8. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section III.H (if applicable);‌‌ 9. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section IV;‌ 10. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section V;‌ 11. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section VII;‌ 12. A Stipulated Penalty of up to $1,000 for each day Align fails to comply with Section VIII; or‌ 13. A Stipulated Penalty of up to $50,000 for each false certification submitted by or on behalf of Align under this IA.‌

  • Additional Events of Default Section 4.1 For purposes of this Supplemental Indenture and the Notes, in addition to the Events of Default set forth in Section 501 of the Indenture, each of the following also shall constitute an “Event of Default:” (a) default in the payment of the principal of or any premium on the Notes at Maturity; (b) there shall occur a default under any bond, debenture, note or other evidence of indebtedness of the Company, or under any mortgage, indenture or other instrument of the Company (including a default with respect to Securities of any series other than that series) under which there may be issued or by which there may be secured any indebtedness of the Company (or by any Subsidiary, the repayment of which the Company has guaranteed or for which the Company is directly responsible or liable as obligor or guarantor), whether such indebtedness now exists or shall hereafter be created, which default shall constitute a failure to pay an aggregate principal amount exceeding $10,000,000 of such indebtedness when due and payable after the expiration of any applicable grace period with respect thereto and shall have resulted in such indebtedness in an aggregate principal amount exceeding $10,000,000 becoming or being declared due and payable prior to the date on which it would otherwise have become due and payable, without such indebtedness having been discharged, or such acceleration having been rescinded or annulled, within a period of 10 days after there shall have been given, by first class mail, to the Company by the Trustee or to the Company and the Trustee by the Holders of at least a majority in principal amount of the Outstanding Notes a written notice specifying such default and requiring the Company to cause such indebtedness to be discharged or cause such acceleration to be rescinded or annulled and stating that such notice is a “Notice of Default” under the Indenture; and (c) the entry by a court of competent jurisdiction of one or more judgments, orders or decrees against the Company or any of its Subsidiaries in an aggregate amount (excluding amounts covered by insurance) in excess of $10,000,000 and such judgments, orders or decrees remain undischarged, unstayed and unsatisfied in an aggregate amount (excluding amounts covered by insurance) in excess of $10,000,000 for a period of 30 consecutive days. Section 4.2 Notwithstanding any provisions to the contrary in the Indenture, upon the acceleration of the Notes in accordance with Section 502 of the Indenture, the amount immediately due and payable in respect of the Notes shall equal the Outstanding principal amount thereof, plus accrued and unpaid interest, plus the Make-Whole Amount.

  • Events of Default; Notice (a) The Guarantee Trustee shall, within 90 days after the occurrence of an Event of Default, transmit by mail, first class postage prepaid, to the Holders of the Capital Securities and the Guarantor, notices of all Events of Default actually known to a Responsible Officer of the Guarantee Trustee, unless such defaults have been cured before the giving of such notice, provided, however, that the Guarantee Trustee shall be protected in withholding such notice if and so long as a Responsible Officer of the Guarantee Trustee in good faith determines that the withholding of such notice is in the interests of the Holders of the Capital Securities. (b) The Guarantee Trustee shall not be deemed to have knowledge of any Event of Default unless the Guarantee Trustee shall have received written notice from the Guarantor or a Holder of the Capital Securities (except in the case of a payment default), or a Responsible Officer of the Guarantee Trustee charged with the administration of this Guarantee shall have obtained actual knowledge thereof.

  • Notification of Defaults and Events of Default Each Lender hereby agrees that, upon learning of the existence of a Default or an Event of Default, it shall promptly notify the Administrative Agent thereof. The Administrative Agent hereby agrees that upon receipt of any notice under this §14.10 it shall promptly notify the other Lenders of the existence of such Default or Event of Default.

  • Additional Event of Default The following will constitute an additional Event of Default with respect to Party B: "NOTE ACCELERATION NOTICE. A Note Acceleration Notice is served on Party B in relation to the Relevant Notes."

  • Additional Remedies of Trustee Upon Event of Default During the continuance of any Event of Default, so long as such Event of Default shall not have been remedied, the Trustee, in addition to the rights specified in Section 6.14, shall have the right, in its own name and as trustee of the Trust Fund, to take all actions now or hereafter existing at law, in equity or by statute to enforce its rights and remedies and to protect the interests, and enforce the rights and remedies, of the Certificateholders (including the institution and prosecution of all judicial, administrative and other proceedings and the filings of proofs of claim and debt in connection therewith). Except as otherwise expressly provided in this Agreement, no remedy provided for by this Agreement shall be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to any other remedy, and no delay or omission to exercise any right or remedy shall impair any such right or remedy or shall be deemed to be a waiver of any Event of Default.

  • Events of Default; Waiver The Holders of a Majority in liquidation amount of Preferred Securities may, by vote, on behalf of the Holders of all of the Preferred Securities, waive any past Event of Default and its consequences. Upon such waiver, any such Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Preferred Securities Guarantee, but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent thereon.

  • Events of Default Rights and Remedies on Default 10.1 Events of Default 10.2 Acceleration of the Obligations

  • Events of Default Remedies on Default Events of Default . Each of the following shall be an "Event of Default" if it occurs for any reason whatsoever, whether voluntary or involuntary, by operation of law or otherwise: (a) Borrowers (or any other Obligor, if applicable) fail to pay (i) any principal of any Loan when due (whether at stated maturity, on demand, upon acceleration or otherwise) or (ii) any interest, fee, indemnity or other amount payable under this Agreement or any other Loan Document within 2 Business Days after the date when due; (b) Any representation or warranty of an Obligor made in any Loan Documents or transactions contemplated thereby is incorrect or misleading in any material respect when made or deemed made; (c) Borrowers breach or fail to perform any covenant contained in Section 7.2, 7.3, 9.1.1, 9.

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