Common use of AWA Default Clause in Contracts

AWA Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by AWA (an “AWA Event of Default”): 13.2.1 The failure of AWA to make any payment required to be made to Mesa by AWA hereunder, as and when due, and such failure continues for 10 business days after AWA’s receipt of written notice from Mesa; 13.2.2 The failure of AWA to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by AWA, and such failure shall continue for a period of 15 days after written notice thereof from Mesa to AWA or such longer period as may be reasonably necessary to complete the cure of such failure (not to exceed an additional 30 days); provided AWA commences such cure during the initial 15-day period and continuously and diligently pursues the cure to completion; 13.2.3 (i) the cessation of AWA’s business operations as a going concern; (ii) the making by AWA of any general assignment, or general arrangement for the benefit of creditors; (iii) the failure of AWA to generally pay AWA’s debts as they come due or AWA’s written admission of its inability to pay its debts as they come due; (iv) the filing by or against AWA of a petition to have AWA adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against AWA, the same is dismissed, stayed or vacated within 60 days); (v) an adjudication of AWA’s insolvency; (vi) appointment of a trustee or receiver to take possession of substantially all of AWA’s assets which is not dismissed, stayed or vacated within 60 days; or (vii) the attachment, execution or other judicial seizure of all of AWA’s assets which is not dismissed, stayed or vacated within 60 days.

AWA Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by AWA (an “"AWA Event of Default”"): 13.2.1 The failure of AWA to make any payment required to be made to Mesa by AWA hereunder, as and when due, and such failure continues for 10 business days after AWA’s 's receipt of written notice from Mesa; 13.2.2 The failure of AWA to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by AWA, and such failure shall continue for a period of 15 days after written notice thereof from Mesa to AWA or such longer period as may be reasonably necessary to complete the cure of such failure (not to exceed an additional 30 days); provided AWA commences such cure during the initial 15-day period and continuously and diligently pursues the cure to completion; 13.2.3 (i) the cessation of AWA’s 's business operations as a going concern; (ii) the making by AWA of any general assignment, or general arrangement for the benefit of creditors; (iii) the failure of AWA to generally pay AWA’s 's debts as they come due or AWA’s 's written admission of its inability to pay its debts as they come due; (iv) the filing by or against AWA of a petition to have AWA adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against AWA, the same is dismissed, stayed or vacated within 60 days); (v) an adjudication of AWA’s insolvency; (vi) appointment of a trustee or receiver to take possession of substantially all of AWA’s assets which is not dismissed, stayed or vacated within 60 days; or (vii) the attachment, execution or other judicial seizure of all of AWA’s assets which is not dismissed, stayed or vacated within 60 days.;

AWA Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by AWA (an “"AWA Event of Default”"): 13.2.1 12.2.1 The failure of AWA to make any payment required to be made to Mesa CAI by AWA hereunder, as and when due, and such failure continues for 10 5 business days after AWA’s receipt of written notice from Mesanotice; 13.2.2 12.2.2 The failure of AWA to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by AWA, and such failure shall continue for a period of 15 days after written notice thereof from Mesa CAI to AWA or such longer period as may be reasonably necessary to complete the cure of such failure (not to exceed an additional 30 days); provided AWA commences such cure during the initial 15-day period and continuously and diligently pursues the cure to completionAWA; 13.2.3 (i) the cessation of AWA’s 's business operations as a going concern; (ii) the making by of AWA of any general assignment, or general arrangement for the benefit of creditors; (iii) the failure of AWA to generally pay AWA’s 's debts as they come due or AWA’s 's written admission of its inability to pay its debts as they come due; (iv) the filing by or against AWA of a petition to have AWA adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against AWA, the same is dismissed, stayed or vacated within 60 days); (v) an adjudication of AWA’s 's insolvency; (vi) appointment of a trustee or receiver to take possession of substantially all of AWA’s 's assets which is not dismissed, stayed or vacated within 60 days; or (vii) the attachment, execution or other judicial seizure of all of AWA’s 's assets which is not dismissed, stayed or vacated within 60 days. 12.2.4 Upon the occurrence and continuance of an AWA Event of Default, CAI may: (a) by written notice to AWA (an "AWA Default Notice") terminate this Agreement effective as of the date set forth in the AWA Default Notice which date shall not be less than 30 nor more than 180 days after the date of the AWA Event of Default; and/or (b) pursue all other rights and remedies available at law or in equity to CAI for the AWA Event of Default, including, without limitation, injunctive relief, specific performance and damages. After receipt of an AWA Default Notice, AWA shall continue to perform its obligations under this Agreement until the termination date set forth in the AWA Default Notice. No remedy or election by CAI hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other rights and remedies at law or in equity.

AWA Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by AWA (an “AWA Event of Default”): 13.2.1 The failure of AWA to make any payment required to be made to Mesa by AWA hereunder, as and when due, and such failure continues for 10 business days after AWA’s receipt of written notice from Mesa; 13.2.2 The failure of AWA to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by AWA, and such failure shall continue for a period of 15 days after written notice thereof from Mesa to AWA or such longer period as may be reasonably necessary to complete the cure of such failure (not to exceed an additional 30 days); provided AWA commences such cure during the initial 15-day period and continuously and diligently pursues the cure to completion; 13.2.3 (i) the cessation of AWA’s business operations as a going concern; (ii) the making by AWA of any general assignment, or general arrangement for the benefit of creditors; (iii) the failure of AWA to generally pay AWA’s debts as they come due or AWA’s written admission of its inability to pay its debts as they come due; (iv) the filing by or against AWA of a petition to have AWA adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against AWA, the same is dismissed, stayed or vacated Table of Contents within 60 days); (v) an adjudication of AWA’s insolvency; (vi) appointment of a trustee or receiver to take possession of substantially all of AWA’s assets which is not dismissed, stayed or vacated within 60 days; or (vii) the attachment, execution or other judicial seizure of all of AWA’s assets which is not dismissed, stayed or vacated within 60 days. 13.2.4 Upon the occurrence and continuance of an AWA Event of Default, Mesa may: (a) by written notice to AWA (an “AWA Default Notice”) terminate this Agreement effective as of the date set forth in the AWA Default Notice which date shall not be less than 30 nor more than 180 days after the date of the AWA Event of Default; and/or (b) pursue all other rights and remedies available at law or in equity to Mesa for the AWA Event of Default, including, without limitation, injunctive relief, specific performance and damages. After receipt of an AWA Default Notice, AWA shall continue to perform its obligations under this Agreement until the termination date set forth in the AWA Default Notice. No remedy or election by Mesa hereunder shall be deemed exclusive, but shall, wherever possible, be cumulative with all other rights and remedies at law or in equity.

AWA Default. The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by AWA (an “"AWA Event of Default”"): 13.2.1 12.2.1 The failure of AWA to make any payment required to be made to Mesa CAI by AWA hereunder, as and when due, and such failure continues for 10 business days after AWA’s receipt of written notice from Mesa;[*] 13.2.2 12.2.2 The failure of AWA to observe or perform any of the covenants, conditions or provisions of this Agreement to be observed or performed by AWA, and such failure shall continue for a period of 15 days after written notice thereof from Mesa to AWA or such longer period as may be reasonably necessary to complete the cure of such failure (not to exceed an additional 30 days); provided AWA commences such cure during the initial 15-day period and continuously and diligently pursues the cure to completion;[*] 13.2.3 (i) the cessation of AWA’s 's business operations as a going concern; (ii) the making by of AWA of any general assignment, or general arrangement for the benefit of creditors; (iii) the failure of AWA to generally pay AWA’s 's debts as they come due or AWA’s 's written admission of its inability to pay its debts as they come due; (iv) the filing by or against AWA of a petition to have AWA adjudged bankrupt or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of petition filed against AWA, the same is dismissed, stayed or vacated within 60 days); (v) an adjudication of AWA’s 's insolvency; (vi) appointment of a trustee or receiver to take possession of substantially all of AWA’s 's assets which is not dismissed, stayed or vacated within 60 days; or (vii) the attachment, execution or other judicial seizure of all of AWA’s 's assets which is not dismissed, stayed or vacated within 60 days. 12.2.4 Upon the occurrence and continuance of an AWA Event of Default, CAI may: (a) by written notice to AWA (an "AWA Default Notice") terminate this Agreement effective as of the date set forth in the AWA Default Notice which [*]After receipt of an AWA Default Notice, AWA shall continue to perform its obligations under this Agreement until the termination date set forth in the AWA Default Notice. No remedy or election by CAI hereunder shall be deemed --------- * Confidential exclusive, but shall, wherever possible, be cumulative with all other rights and remedies at law or in equity.