Company Events of Default. JPS may give a notice of default under this Agreement (a “JPS Notice of Default”) upon the occurrence of any of the following events unless caused by a breach by JPS of this Agreement (each a “Company Event of Default”):
14.1.1 The failure of the Company to post the Construction Security Deposit in accordance with Clause 9.4.7;
14.1.2 The failure of the Company to achieve the Commencement of Construction within [ninety (90)] Days after the Agreement Date;
14.1.3 The Abandonment by the Company of the construction of the Facility after its Commencement of Construction without the written consent of JPS;
14.1.4 The failure of the Company to achieve the Commercial Operations Date within one (1) year after the Required Commercial Operations Date;
14.1.5 The failure of the Company to provide or replenish the Operations Security Deposit in accordance with Clause 9.4.7(c) of this Agreement;
14.1.6 The Abandonment by the Company of the operation of the Facility;
14.1.7 Wilful alteration of, or tampering by the Company, or its employees or agents acting within the scope of their employment, with the Interconnection Facilities without the prior written consent of JPS, except in situations where such actions are taken to prevent immediate injury, death, or property damage and the Company uses all reasonable efforts to provide JPS with advance notice of the need for such actions;
14.1.8 The assignment or transfer of this Agreement or an assignment, transfer or acquisition in breach of Clause 16.1 or 16.2 of this Agreement;
14.1.9 Any failure by the Company to make any payment or payments required to be made by it to JPS under this Agreement within ten (10) Days after the Company is given notice that the payment was not made by the due date for payment under the relevant agreement, which payment or payments exceed in the aggregate at any one time the equivalent of [AMOUNT TO BE AGREED Dollars ($[FIGURES])] (or the Jamaican Dollar equivalent);
14.1.10 Except for the purpose of amalgamation, or reconstruction (provided that such amalgamation or reconstruction does not affect the ability of the amalgamated or reconstructed entity, as the case may be, to perform its obligations under this Agreement), the occurrence of any of the following events: (a) the passing of a resolution by the owners/shareholders of the Company for the winding up of the Company; (b) the admission in writing by the Company of its inability generally to pay its debts as they become due; (c) the appoin...
Company Events of Default. The occurrence of any of the following events shall constitute a “
Company Events of Default. Each of the following events shall constitute a “Company Event of Default” hereunder and under the other Operative Documents (whether such event shall be voluntary or involuntary or come about or be effected by operation of law or pursuant to or in compliance with any judgment, decree or order by any court or any order, rule or regulation of any Governmental Authority):
(a) the Company shall fail to make any payment of Basic Lease Rent, Renewal Lease Rent, the EBO Amount, the FPO Amount, Termination Value (or amounts computed by reference to Termination Value) or any Project Costs constituting interest or principal on the Lessor Notes or Equity Yield on the Equity Contributions, after the same shall have become due and payable, and such failure shall have continued for a period of five (5) Business Days; or
(b) the Company shall fail to make any payment of Supplemental Lease Rent or any other payment under the Operative Documents (other than Excepted Payments) after the same shall have become due and such failure shall have continued for a period of ten (10) days after receipt by the Company of written notice of such failure from the Owner Lessor or the Indenture Trustee; or
(c) the Company shall fail to submit a Funding Request or a Final Funding Request to the Participants to Advance funds to the Owner Lessor for the timely payment of Project Costs pursuant to Section 2.3(c) or Section 4.2(b) or fails to make any certifications required in connection therewith; or
(d) the Company shall fail to apply the proceeds of any Advance pursuant to any Funding Request or the Final Funding Request as required by the Operative Documents or fails to apply any funds distributed by the Owner Lessor, the Indenture Trustee or the Depositary Bank to it for the repair or restoration of the Facility to effect such repair or restoration and, in each case, such failure shall continue unremedied for a period of five (5) Business Days after the earlier to occur of the Company obtaining knowledge thereof or receipt by the Company of written notice of such failure from the Owner Lessor or the Indenture Trustee;
(e) the Company shall fail to observe or perform its obligation to maintain (or cause to be maintained) insurance in the amounts and on the terms set forth in Schedule 7.29 and such failure shall have continued for a period of five (5) days after the earlier to occur of the Company obtaining knowledge thereof or receipt by the Company of written notice of such failure from...
Company Events of Default. An event of default relating to the Company (each a “Company Subordinated Event of Default”) shall occur with respect to the Convertible Securities of any series in the following circumstances:
(1) default is made in the payment of any Principal of the Convertible Securities of such series when the same becomes due or payable; or
(2) default is made for a period of 30 days or more in the payment of any interest due in respect of the Convertible Securities of such series; or
(3) an order is made or a resolution is passed for the winding-up, dissolution or liquidation of the Company or the Guarantor (other than a winding-up which has been approved previously by each of the Holders of the Convertible Securities of such series or, with respect to the Company, an Arrangement and Reconstruction that has been entered into to facilitate an amalgamation, consolidation, merger, sale, conveyance, transfer or lease of property and assets under and in accordance with Article 5)
Company Events of Default. The occurrence and continuation of any of the following events shall constitute an event of default by Company (each, a “Company Event of Default”): (a) a failure by Company to make payment of any undisputed amount when due, and such breach is not cured by Company within [*****] after Company’s receipt of notice thereof from Contractor; (b) any breach by Company of any representation or non-monetary obligation herein, and such breach is not cured by Company within [*****] after Company’s receipt of notice thereof from Contractor, or if such breach is not capable of being cured within such [*****] period (as determined by Contractor in its reasonable discretion), Company (A) fails to commence to cure such breach within such [*****] period, or (B) fails to thereafter diligently proceed to cure such breach; or (c) any breach by Company of any representation or warranty contained in Sections 13.1(b)(1) through 13.1(b)(8). 15.7
Company Events of Default. Termination by BPDB 16
Company Events of Default. 2.1 For the purposes of this Agreement the Customer may immediately terminate the Agreement on the occurrence of any of the following events in respect of JVCo:
2.1.1 any arrangement or composition with or for the benefit of creditors (including any voluntary arrangement as defined in the insolvency Act 1986) being entered into by or in relation to JVCo;
2.1.2 a receiver, administrator, administrative receiver or other encumbrancer taking possession of or being appointed over, or any distress, execution or other process being levied or enforced (and not being discharged within ten Business Days) upon, the whole or any material part of the assets of JVCo;
2.1.3 a petition being presented (and not being discharged within 20 Business Days or a resolution being passed or an order being made for the administration or the winding-up, bankruptcy or dissolution of JVCo;
2.1.4 JVCo ceasing to carry on business;
2.1.5 JVCo committing a Prohibited Act; or
2.1.6 JVCo committing a material breach of its obligations under this Agreement which has a material and adverse effect on the delivery of Services for which a Customer is not responsible (other than as a consequence of a breach by a Customer of its obligations under this Agreement).
Company Events of Default. A "Company Event of Default" shall mean: the Company (or Lender (as defined in Section 6.07), in its sole discretion, on the Company's behalf) fails to perform any material obligation set forth in this Agreement (which includes any negative obligations undertaken by the Company hereunder) within thirty (30) calendar days after written notice by the Homeowner to the Company of such failure; provided, however¸ that Lender shall have an additional thirty (30) days (for a total of sixty (60) days) to cure such failure.
Company Events of Default. 71 15.7 Termination by Contractor Due to Company Default. .................................. 71 15.8 Continuing Obligations and Remedies During Event of Default. ................. 72 15.9
Company Events of Default. The occurrence of any one or more of the following events shall constitute an event of default by Company hereunder (“Company Event of Default”):
(a) any of the following occurs: (i) Company consents to the appointment of, or taking possession by, a receiver, trustee, custodian, or liquidator of itself or of a substantial part of its assets, or fails or admits in writing its inability to pay its debts generally as they become due, or makes a general assignment for the benefit of creditors; (ii) Company files a voluntary petition in bankruptcy or a voluntary petition or an answer seeking reorganization in a proceeding under any applicable bankruptcy or insolvency laws or an answer admitting the material allegations of a petition filed against it in any such proceeding, or seeks relief by voluntary petition, answer or consent under the provisions of any now existing or future bankruptcy, insolvency or other similar law providing for the liquidation, reorganization, or winding up of corporations, or providing for an agreement, composition, extension, or adjustment with its creditors; (iii) a substantial part of Company’s assets is subject to the appointment of a receiver, trustee, liquidator, or custodian by court order, and such order remains in effect for more than thirty (30) Days; or (iv) Company is adjudged bankrupt or insolvent, has any property sequestered by court order, and such order remains in effect for more than thirty (30) Days, or has filed against it a petition under any bankruptcy, reorganization, arrangement, insolvency, readjustment of debt, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and such petition is not dismissed within sixty (60) Days of such filing;
(b) Company fails, for any reason, to make any other payment or payments required to be made to Owner under this Agreement within thirty (30) Days after receipt of written notice from Owner of Company’s failure to make such other payment or payments (except to the extent Company disputes such other payment or payments in good faith and in accordance with the terms of this Agreement);
(c) Company fails to comply with any material provision of any Applicable Laws or Applicable Permits, the effects of which have not been cured to Owner’s reasonable satisfaction within ten (10) Business Days after notice from Owner, provided, if such failure to comply is not capable of being cured within ten (10) Business Days, Company shall not be in default so lo...
