Additional Default Provisions Sample Clauses
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.
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.
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.
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 ...
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).
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.
Additional Default Provisions. In addition to the default provisions included in Article 9 of the Contract, the following default provisions shall apply:
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 ▇▇▇▇▇▇.
(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.
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