Common use of Buyer Events of Default Clause in Contracts

Buyer Events of Default. With respect to Buyer: (a) Buyer fails to make payment of any amount payable to Seller when due under this Agreement or any Purchase Order, which failure continues for ten (10) Business Days after receipt of written notice of such non-payment from Seller; (b) Buyer fails to cure a material breach or default in the performance of its obligations under this Agreement or any Purchase Order not otherwise specifically addressed in this Section 10.1.1 within thirty (30) days after receipt of written notice of such material breach or default from Seller; provided, that if such breach or default cannot be remedied with reasonable diligence within such thirty (30) day period, so long as Buyer timely commences curing such material breach or default and proceeds with reasonable diligence thereafter to prosecute such cure, than the period for such cure shall be extended for a reasonable period of time not to exceed ninety (90) days; (c) Buyer files a petition in bankruptcy, files a petition seeking reorganization, arrangement, composition or similar relief, or makes a general assignment for the benefit of creditors, or if any involuntary petition or proceeding under bankruptcy or insolvency laws is instituted against Buyer and not stayed, enjoined or discharged within ninety (90) days; (d) If any representation or warranty made by Buyer herein was materially false or misleading when made, and Buyer fails to remedy such materially false or misleading representation or warranty within thirty (30) days after receipt of written notice of the particulars of such materially false or misleading representation or warranty from Seller; (e) Buyer’s breach of or default under Section 15.2.2 or 15.2.3; or (f) Buyer’s assignment of this Agreement other than in strict compliance with the requirements of Section 18.4.

Buyer Events of Default. With respect to Each of the following constitutes an "Event of Default" of Buyer: (a) Buyer fails Buyer's failure to make payment of pay Seller any amount payable to Seller when amounts that are due and owing under this Agreement or within fifteen (15) days following the due date therefor, including, for the avoidance of doubt, amounts payable as provided in Section 4.4, other than to the extent of any Purchase Order, which unpaid amount that Xxxxx has disputed in writing together with documentation reasonably supporting such dispute and is actively pursuing the resolution of such dispute in accordance with this Agreement; (b) [Reserved]; (c) Xxxxx fails to timely deliver any report required to be delivered to Seller hereunder and such failure continues for is not fully cured within ten (10) Business Days after receipt of written notice of such non-payment from SellerDays; (bd) Following the Commercial Operation Date, Buyer fails to cure operate the RNG Facility to convert Landfill Gas to Renewable Natural Gas or to sell Renewable Natural Gas for an aggregate of thirty (30) days in any twelve (12) month period, other than: (i) to the extent such failure is excused by an event or events of Force Majeure, a material breach Seller Event of Default, or default Seller's failure to provide Landfill Gas consistent with the Landfill Gas Benchmark, or (ii) in connection with a scheduled outage or forced outage of the performance RNG Facility; provided that Buyer is diligently pursuing the repairs required to restore the operations of its obligations under the RNG Facility. (e) Buyer materially breaches any covenant or agreement that is contained in this Agreement or any Purchase Order and then in effect and not otherwise specifically addressed in governed by any other provision of this Section 10.1.1 10.1, and such breach is not cured within thirty (30) days after receipt of following written notice of such material breach or default thereof from SellerSeller to Buyer; provided, that if such breach or default cannot reasonably be remedied with reasonable diligence cured within such thirty (30) day period of time, then provided that Buyer commences cure within such period of time and diligently pursues such cure and such breach could not reasonably be likely to have a material adverse effect on Seller or the Landfill during such period, so long as Buyer timely commences curing such material breach or default and proceeds with reasonable diligence thereafter to prosecute such cure, than then the period for such cure shall be extended for a reasonable such period of time as may be reasonably necessary to cure same, not to exceed ninety an additional sixty (9060) days; (cf) Any representation or warranty of Buyer in this Agreement was inaccurate in any material respect when made and such inaccuracy could reasonably be expected to have a material adverse effect on Seller or the Landfill, and Buyer does not cure such inaccuracy and the effect thereof within thirty (30) days following receipt of written notice from Seller; or (g) Buyer files is (i) adjudicated to be bankrupt or insolvent, (ii) shall have filed a petition in bankruptcy, files reorganization, or similar proceedings under the bankruptcy laws of the United States or any state, (iii) shall have had filed against it a petition seeking in bankruptcy, reorganization, arrangement, composition or similar reliefproceedings under the bankruptcy laws of the United States or any state, which petition is not dismissed within sixty (60) days of such filing, (iv) shall have a receiver, permanent or makes temporary, appointed by a court of competent jurisdiction for it or on its behalf; shall request the appointment of a receiver; shall make a general assignment for the benefit of creditors, or if any involuntary petition or proceeding under bankruptcy or insolvency laws is instituted against Buyer and not stayed, enjoined or discharged within ninety (90) days; (d) If any representation or warranty made by Buyer herein was materially false or misleading when made, and Buyer fails to remedy such materially false or misleading representation or warranty within thirty (30) days after receipt of written notice of the particulars of such materially false or misleading representation or warranty from Seller; (e) Buyer’s breach of or default under Section 15.2.2 or 15.2.3; or (f) Buyer’s assignment of this Agreement other than in strict compliance with the requirements of Section 18.4.

Buyer Events of Default. With respect to Buyer: (a) Buyer fails to make payment of any amount payable to Seller when due under this Agreement or any Purchase Order, which failure continues for ten (10) Business Days after receipt of written notice of such non-payment from Seller; (b) Buyer fails to cure a material breach or default in the performance of its obligations under this Agreement or any Purchase Order not otherwise specifically addressed in this Section 10.1.1 within thirty (30) days after receipt of written notice of such material breach or default from Seller; provided, that if such breach or default cannot be remedied with reasonable diligence within such thirty (30) day period, so long as Buyer timely commences curing such material breach or default and proceeds with reasonable diligence thereafter to prosecute such cure, than the period for such cure shall be extended for a reasonable period of time not to exceed ninety (90) days; (c) Buyer files a petition in bankruptcy, files a petition seeking reorganization, arrangement, composition or similar relief, or makes a general assignment for the benefit of creditors, or if any involuntary petition or proceeding under bankruptcy or insolvency laws is instituted against Buyer and not stayed, enjoined or discharged within ninety (90) days; (d) If any representation or warranty made by Buyer herein was materially false or misleading when made, and Buyer fails to remedy such materially false or misleading representation or warranty within thirty (30) days after receipt of written notice of the particulars of such materially false or misleading representation or warranty from Seller; (e) Buyer’s 's breach of or default under Section 15.2.2 or 15.2.3; or (f) Buyer’s 's assignment of this Agreement other than in strict compliance with the requirements of Section 18.4.

Buyer Events of Default. With respect to Buyer:The occurrence of any one or more of the following events shall constitute an event of default by Buyer hereunder (each, a “Buyer Event of Default”): (a) Buyer or any guarantor of Buyer’s obligations makes a general assignment for the benefit of its creditors, or becomes the subject of any voluntary or involuntary bankruptcy, insolvency, arrangement, reorganization or other debtor relief proceeding under any Applicable Law, and, in the case of any such involuntary proceeding, that is not dismissed or stayed within sixty (60) Days after it is commenced; (b) Buyer fails to make any undisputed payment of any amount payable to Seller when due required under this the Master Agreement or any Purchase OrderDocuments, which failure continues for ten (10) Business Days after receipt of written notice Notice of such non-payment from Sellerpayment; (bc) any representation by Buyer under this Master Agreement is false or misleading in any material respect; (d) Buyer’s failure to comply with the material provisions of Article 4, which breach results in a Buyer Delay and such Buyer Delay continues for more than one hundred eighty (180) Days; (e) Buyer fails is in breach of any material provision of, or has failed to cure a material breach or default in the performance perform any of its material obligations under this under, the Master Agreement Documents, which failure or any Purchase Order not otherwise specifically addressed in this Section 10.1.1 within breach continues for thirty (30) days Days after receipt of written notice of such material breach or default from SellerNotice; provided, however, that if such breach or default canfailure is not be remedied with reasonable diligence reasonably capable of cure within such thirty (30) day Day period, so long as Buyer timely commences curing such material breach or default and proceeds with reasonable diligence thereafter to prosecute such cure, than the period for such cure period shall be extended for a reasonable period of time as reasonably necessary, not to exceed a total of ninety (90) days; (c) Days if Buyer files a petition in bankruptcy, files a petition seeking reorganization, arrangement, composition promptly commences and diligently proceeds to cure such breach or similar relief, or makes a general assignment for the benefit of creditors, or if any involuntary petition or proceeding under bankruptcy or insolvency laws is instituted against Buyer and not stayed, enjoined or discharged within ninety (90) days; (d) If any representation or warranty made by Buyer herein was materially false or misleading when made, and Buyer fails to remedy such materially false or misleading representation or warranty within thirty (30) days after receipt of written notice of the particulars of such materially false or misleading representation or warranty from Seller; (e) Buyer’s breach of or default under Section 15.2.2 or 15.2.3failure; orand (f) any guaranty of Buyer’s assignment obligations, or any letter of this Agreement other than credit or surety bond provided by Buyer, is in strict compliance with the requirements of Section 18.4default or ceases to be in full force.