Breach of Project Documents Sample Clauses

Breach of Project Documents. Subject to Section 10.1(h), Borrower or any Project Company (unless waived by the counterparty under the applicable Project Document) or any Major Project Participant shall be in breach of, or default under, any Project Document and any applicable cure period thereunder shall have expired with respect to such breach or default (or, if no cure period is stipulated for such breach or default, the cure period for such default shall be no longer than thirty (30) days) or if the giving of notice would allow Person to terminate such Project Document, and Administrative Agent shall have reasonably determined (with the consent of the Majority Lenders), and have sent a written notice to Borrower to that effect, that such breach or default could reasonably be expected to have a Material Adverse Effect; provided, however, that with respect to a breach or default by any Major Project Participant, if Borrower or any Affiliated Participant shall replace such Major Project Participant with a Replacement Obligor within sixty (60) days of such breach or default, such breach or default shall not be deemed a default under this Financing Agreement; provided, further, however, the Replacement Obligor and the form of such replacement agreement shall be in form and substance satisfactory to the Administrative Agent and the Lenders. For purposes of the foregoing, any cure by any Agent or any Lender on Borrower’s or any Project Company’s behalf with respect to a breach or default by Borrower or any Project Company under a Project Document shall not be considered a remedy under this Financing Agreement for any such breach or default of such Project Document.
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Breach of Project Documents. 22.16.1 Any Project Document is terminated otherwise than by reason of full performance or expiry of its term. 22.16.2 The EPC Contractor issues a notice of termination of a Project Document otherwise than by reason of full performance or expiry of its term. 22.16.3 The EPC Contractor does not perform an obligation under any Project Document which gives rise to a right to terminate the relevant Project Document (after the expiry of any applicable grace period). 22.16.4 Any Project Document is: (a) repudiated, revoked, cancelled, suspended, forfeited or surrendered (whether in whole or in part); or (b) otherwise is not, or ceases to be, in full force and effect. 22.16.5 It becomes unlawful for the EPC Contractor to perform or comply with any its obligations under any of the Transaction Documents in any material respect.
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Breach of Project Documents. Any of the events described below and subject to the limitations set forth below shall be an Event of Default: (i) A Borrower Entity shall be in material breach of, or materially default under, any Material Project Document, and such material breach or material default shall continue unremedied for the length of the cure period in the underlying Material Project Document and any Major Project Participant (other than an Borrower Entity) to such Material Project Document has either commenced any action against the Borrower Entity with respect to such material breach or material default or exercised any right to terminate such Material Project Document; provided, however, that an Event of Default shall not be deemed to have occurred, if within thirty (30) days following the Major Project Participant’s commencement of an action or provision of notice to terminate the applicable Material Project Document, Borrower shall have made an aggregate prepayment to Lenders in an amount equal to the then Stipulated Value for the particular Project (except that such ability to cure the default by paying the Stipulated Value shall not apply to the Bridgeport Project, the Yaphank Project or the Pfizer Project) to which such Material Project Document relates, and, in such case, the lien held by the Lenders on such Project Company (or on the Class B Member’s interest in the Yaphank Project Holdco and Borrower’s interest in the Class B Member, in the case where the applicable Material Project Document relates to the Yaphank Project) shall be released and all Reserves in any Account to the extent attributable to such Project shall be released to Borrower; (ii) any Major Project Participant (other than a Borrower Entity) shall be in material breach of, or material default under, any Material Project Document and such material breach or material default shall continue unremedied for the length of the cure period in the underlying Material Project Document (the “Cure Period”) and the Required Lenders shall have reasonably determined, and have sent a written notice to the Borrower (or have caused the Collateral Agent to send such notice) to that effect, that such material breach or material default could reasonably be expected to constitute a Material Adverse Effect; provided, however, that, if the foregoing breach or default (other than a default for the payment of amounts when due) cannot be remedied within such period despite the Major Project Participant’s reasonable commercial...
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Breach of Project Documents. Subject to Section 8.1(j), any Loan Party (unless waived by the counterparty under the applicable Project Document), Holdco or any Key Project Participant shall be in breach of, or default under, any Project Document and any applicable cure period thereunder shall have expired with respect to such breach or default (or, if no cure period is stipulated for such breach or default, the cure period for such default shall be no longer than thirty (30) days) and such breach or default could reasonably be expected to have a Material Adverse Effect. For purposes of the foregoing, any cure by any Administrative Agent or any Lender on the Borrower’s behalf with respect to a breach or default by the Borrower under a Project Document shall not be considered a remedy under this Agreement for any such breach or default of such Project Document.
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Breach of Project Documents. (a) any breach of the ASAD Agreement or the Licence and Technology Transfer Agreement by any Shareholder which would have a Material Adverse Effect on the Borrower occurs or (b) any material breach of any of the Project Documents by any of the parties to that Project Document occurs and if in the reasonable opinion of the Majority Lenders that default is capable of remedy, it is not in the reasonable opinion of the Majority Lenders remedied within ten (10) days of its occurrence;
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Breach of Project Documents. 84 (a) Borrower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 (b) Third Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 (c) Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 8.1.8 Breach of Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . 85 8.1.9 Term-Conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 8.1.10 Conditions to Initial Distributions . . . . . . . . . . . . . . . . . . . . 86 8.1.11 Loss of Qualifying Facility Status . . . . . . . . . . . . . . . . . . . . . 86 8.1.12 Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 8.1.13 Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 8.1.14
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Breach of Project Documents 
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Related to Breach of Project Documents

  • Project Documents In addition to any other pertinent and necessary Project documents, the following documents shall be used in the development of the Project: A. TxDOT 2011 Texas Manual of Uniform Traffic Control Devices for Streets and Highways, including latest revisions B. Texas Department of Transportation's Standard Specifications for Construction of Highways, Streets, and Bridges, 2014 (English units)

  • Material Project Documents (a) The Company shall at all times (i) perform and observe all of the covenants under the Material Project Documents to which it is a party and take reasonable actions to enforce all of its rights thereunder, other than to the extent the same could not reasonably be expected to have a Material Adverse Effect, (ii) subject to the provisions of clause (b) of this Section 9.8, maintain the System Leases (other than Leases constituting System Leases only pursuant to clause (5) of the definition thereof) in full force and effect, and (iii) maintain the Leases (other than the System Leases referred to in the foregoing clause (ii) of this Section 9.8(a)) to which it or any of its Subsidiaries is a party in full force and effect, except to the extent the same could not reasonably be expected to have a Material Adverse Effect. (b) If the term of a Lease with the Company or one of its Subsidiaries expires and the Qualified Lessee under such Lease has either ceased operating the related assets or has ceased paying rent as required under the applicable Lease, the Company shall, or shall cause a Subsidiary, as applicable, to enter into a supplement or a new Lease with respect to the related leasehold assets with a Qualified Lessee that provides for rent that, when combined with all other expected revenue, will, in the reasonable judgment of the Company, as of the commencement date of such supplement or new Lease, generate sufficient revenue to satisfy the requirements of Section 9.9 and will not otherwise result in a materially worse position for the Company as compared to the terms of the applicable expired Lease. Each such new Lease shall have a term of at least five years. Notwithstanding the foregoing, if (i) such expired Lease relates to transmission and/or distribution assets that are not generating significant revenue, (ii) the failure to renew such Lease would not constitute a Material Adverse Effect and (iii) the Company reasonably believes it will generate sufficient revenue and hold sufficient assets (without giving effect to the leasehold assets with respect to such Lease) to satisfy the requirements of Section 9.9, then this Section 9.8(b) will not require a supplement or new lease with respect to such leasehold assets.

  • Amendment of Material Documents No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

  • Material Contracts; Defaults (a) Other than as disclosed in the Company Reports filed prior to the date hereof or as set forth in Company Disclosure Schedule 3.13, neither Company nor any of its Subsidiaries is a party to, bound by or subject to any agreement, contract, arrangement, commitment or understanding (whether written or oral) (i) with respect to the employment of any directors, officers, employees or consultants, (ii) which would entitle any present or former director, officer, employee or agent of Company or any of its Subsidiaries to indemnification from Company or any of its Subsidiaries, (iii) the benefits of which will be increased, or the vesting of benefits of which will be accelerated, by the occurrence of any of the transactions contemplated by this Agreement, or the value of any of the benefits of which will be calculated on the basis of any of the transactions contemplated by this Agreement, (iv) which grants any right of first refusal, right of first offer or similar right with respect to any material assets or properties of Company and or Subsidiaries; (v) which provides for payments to be made by Company or any of its Subsidiaries upon a change in control thereof; (vi) which provides for the lease of personal property having a value in excess of $25,000 individually or $100,000 in the aggregate; (vii) which relates to capital expenditures and involves future payments in excess of $10,000 individually or $50,000 in the aggregate; (viii) which relates to the disposition or acquisition of assets or any interest in any business enterprise outside the ordinary course of Company’s business; (ix) which is not terminable on sixty (60) days or less notice and involving the payment of more than $25,000 per annum; or (x) which materially restricts the conduct of any business by Company of any of its Subsidiaries (collectively, “Material Contracts”). Company has previously delivered to Buyer true, complete and correct copies of each such document. (b) Neither Company nor any of its Subsidiaries is in default under any contract, agreement, commitment, arrangement, lease, insurance policy or other instrument to which it is a party, by which its assets, business, or operations may be bound or affected, or under which it or its assets, business, or operations receives benefits, and there has not occurred any event that, with the lapse of time or the giving of notice or both, would constitute such a default. No power of attorney or similar authorization given directly or indirectly by Company is currently outstanding.

  • Compliance with Laws and Agreements; No Default Except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, each Loan Party and each Subsidiary is in compliance with (i) all Requirements of Law applicable to it or its property and (ii) all indentures, agreements and other instruments binding upon it or its property. No Default has occurred and is continuing.

  • Contractor Guaranties Contractor shall: (a) Perform fully under the Contract; (b) Guarantee the Goods or Services against defective material or workmanship and to repair any damage or marring occasioned in transit or, at the Client Agency's option, replace them; (c) Furnish adequate protection from damage for all work and to repair damage of any kind, for which its workers are responsible, to the premises, Goods, the Contractor’s work or that of Contractor Parties; (d) With respect to the provision of Services, pay for all permits, licenses and fees and give all required or appropriate notices; (e) Adhere to all Contractual provisions ensuring the confidentiality of Records that the Contractor has access to and are exempt from disclosure under the State’s Freedom of Information Act or other applicable law; and (f) Neither disclaim, exclude nor modify the implied warranties of fitness for a particular purpose or of merchantability.

  • Material Contract Defaults The Company is not in default in any material respect under the terms of any outstanding contract, agreement, lease, or other commitment which is material to the business, operations, properties, assets, or financial condition of either of them, and there is no event of default or other event which, with notice or lapse of time or both, would constitute a default in any material respect under any such contract, agreement, lease, or other commitment in respect of which the Company has not taken adequate steps to prevent such a default from occurring.

  • Performance of Material Contracts Perform and observe all the terms and provisions of each Material Contract to be performed or observed by it, maintain each such Material Contract in full force and effect, enforce each such Material Contract in accordance with its terms, take all such action to such end as may be from time to time requested by the Administrative Agent and, upon request of the Administrative Agent, make to each other party to each such Material Contract such demands and requests for information and reports or for action as any Loan Party or any of its Subsidiaries is entitled to make under such Material Contract, and cause each of its Subsidiaries to do so, except, in any case, where the failure to do so, either individually or in the aggregate, could not be reasonably likely to have a Material Adverse Effect.

  • Project Agreements Provided that where the company commences work on a project where a site agreement exists to which the company is contractually obligated or where a site agreement exists between the union and the client or their agent that provides for higher rates of pay and conditions, the conditions contained in any such site agreement will take precedence over this Agreement for the duration of the project.

  • Compliance with Laws and Material Contractual Obligations Each Loan Party will, and will cause each Subsidiary to, (i) comply with each Requirement of Law applicable to it or its property (including without limitation Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party, except, in each case, where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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