Clause 24. 2.9 (Repayment of grant), the Recoverable Amount shall be a sum equal to the Fundamental Termination Amount;
Clause 24. 2.10 (Repayment of grant), the Recoverable Amount shall be a sum equal to the aggregated amount of all Capital Firm Scheme Grant already paid by Homes England to the Lead Partner under this Agreement;
Clause 24. 2.5 (Repayment of grant), subject always to Clause 24.4 (Repayment of grant) the Recoverable Amount shall be determined in accordance with the following procedure:
Clause 24. 2.8 (Repayment of grant), the Recoverable Amount shall:
Clause 24. 7.1 shall not apply to:
(a) any winding-up petition which the Borrower can demonstrate, by providing opinion of leading Counsel to that effect, to the reasonable satisfaction of the Agent, is frivolous or vexatious and such winding-up petition is discharged, stayed or dismissed within ten days of commencement or, if earlier, the date on which it is advertised; or
(b) any step or procedure contemplated by paragraph (b) of the definition of Permitted Transaction.
Clause 24. 3.1 shall not apply to the documents being sent by the Borrower in accordance with Article 4 (
Clause 24. 8.1 shall not apply to any step or procedure contemplated by paragraph (b) of the definition of Permitted Transaction.
Clause 24. 2.5 (Repayment of grant), subject always to Clause 24.4 (Repayment of grant) the Recoverable Amount shall be determined in accordance with the following procedure:
(a) the Relevant Consortium Member and Homes England (acting in good faith) shall seek to agree within fifteen (15) Business Days of the Non- Compliance Notification Date a revised figure for the Capital Firm Scheme Grant figure reflecting the changed nature of the delivered Capital Firm Scheme as against that described in the Capital Firm Scheme Details;
(b) where a revised figure for Capital Firm Scheme Grant is agreed, the Recoverable Amount shall be the product of the following calculation:
(c) the Relevant Consortium Member must notify the Lead Partner of the revised figure for the Firm Scheme Grant and the Lead Partner shall immediately amend the relevant information on IMS to reflect any agreement reached made pursuant to Clause 24.3.3(a) (Repayment of xxxxx);
(d) where Relevant Consortium Member and Homes England are unable to agree a revised Capital Firm Scheme Grant figure in accordance with Clause 24.3.3(a) (Repayment of grant) Homes England shall be entitled to terminate this Agreement in accordance with Clause 25.1 (Default Events and Termination) and the Recoverable Amount shall be an amount equal to the Capital Firm Scheme Grant paid pursuant to Clause
Clause 24. 2.8 (Repayment of grant), the Recoverable Amount shall:
(a) where termination has arisen pursuant to a Fundamental (A) Default, be a sum equal to the aggregated amount of all Capital Firm Scheme Grant already paid by Homes England to the Lead Partner under this Agreement; and
(b) where the termination has arisen pursuant to a Specified Default, a Bid Default or a Fundamental (B) Default, be a sum equal to the Fundamental Termination Amount;
Clause 24. 3.1 shall not affect the operation of any payment or close-out netting in respect of any amounts owing under any Hedging Agreement.