Common use of Company Events of Default - Termination by BPDB Clause in Contracts

Company Events of Default - Termination by BPDB. (a) BPDB may give notice of default under this Lease Agreement (a “BPDB Notice of Default”) upon the occurrence of any of the following events (“Company Event of Default”) unless such Company Event of Default results from a breach (a) by BPDB of this Lease Agreement or the Power Purchase Agreement, (b) by the GOB of the Implementation Agreement or the Guarantee, or (c) by the Gas Supplier of the Gas Supply Agreement: (i) any statement, representation or warranty by the Company in this Lease Agreement proving to have been incorrect, in any material respect, when made or when deemed to have been made and the circumstances that cause such failure or incorrect statement, representation or warranty to be incorrect having a material and adverse effect on BPDB’s ability to perform its obligations under this Lease Agreement; (ii) the failure of the Company to perform its obligations under Sections 3.4(a) and (b) in accordance with the times specified therein for such performance save to the extent that such failure is attributable to the occurrence of a Force Majeure Event; (iii) any other material breach by the Company of this Lease Agreement that is not remedied within thirty (30) Days after notice from BPDB stating that a material breach of this Lease Agreement has occurred and is continuing that could result in the termination of this Lease Agreement, identifying the material breach in question in reasonable detail, and demanding remedy thereof; (iv) a termination of the Implementation Agreement as a result of any cause other than a GOB Event of Default or a termination of the Power Purchase Agreement as a result of any cause other than a BPDB Event of Default thereunder or a termination of the Gas Supply Agreement as a result of any cause other than a Gas Supplier Event of Default thereunder, and in either case the GOB acquires all of the Company’s rights, title and interests in and to the Facility pursuant to the provisions of the Implementation Agreement; or (v) the failure by the Company to make any payment of the Rent or other charges or payments required to be made by it hereunder within thirty-five (35) Days of the due date therefor.

Company Events of Default - Termination by BPDB. (a) BPDB may give a notice of default under this Lease Agreement (a “BPDB Notice of Default”) upon the occurrence of any of the following events (“Company Event of Default”) unless such Company Event of Default (i) results from a breach (a) by BPDB of this Lease Agreement Agreement; or (ii) occurs as a result of or during a Force Majeure Event pursuant to Section 13: (a) any failure by the Power Purchase Agreement, Company to submit and maintain the Performance Security Deposit in full force and effect; (b) by the GOB failure of the Implementation Agreement or Company to achieve the Guarantee, or Supply Commencement Date within three (3) Months after the Required Supply Commencement Date; (c) by the Gas Supplier failure of the Gas Company to submit the Operations Security Deposit within thirty (30) Days after the Supply Commencement Date or to maintain the Operations Security Deposit, in either case, in accordance with Section 7.2(c); (d) the assignment or transfer of the Company’s rights or obligations under this Agreement without the prior consent of BPDB; (e) 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: (i) the passing of a resolution by the shareholders of the Company for the winding up of the Company; (ii) the voluntary filing by the Company of a petition of bankruptcy, moratorium, or other similar relief; (iii) the appointment of a liquidator in a proceeding for the winding up of the Company after notice to the Company and due hearing, which appointment has not been set aside or stayed within ninety (90) Days of such appointment; or (iv) the making by a court with jurisdiction over the Company of an order winding up the Company which is not stayed or reversed by a court of competent authority within ninety (90) Days; (f) any statement, representation representation, or warranty by the Company in this Lease Agreement proving to have been incorrect, in any material respect, when made or when deemed to have been made and the circumstances that cause such failure or incorrect statement, representation representation, or warranty to be incorrect having a material and adverse effect on BPDBthe Company’s ability to perform its obligations under this Lease Agreement; (ii) the failure of the Company to perform its obligations under Sections 3.4(a) and (b) in accordance with the times specified therein for such performance save to the extent that such failure is attributable to the occurrence of a Force Majeure Event; (iiig) any other material breach by the Company of this Lease Agreement that is not remedied within thirty (30) Days after notice from BPDB stating that a material breach of this Lease Agreement has occurred and is continuing that could result in the termination of this Lease Agreement, identifying the material breach in question in reasonable detail, and demanding remedy thereof; (iv) a termination of the Implementation Agreement as a result of any cause other than a GOB Event of Default or a termination of the Power Purchase Agreement as a result of any cause other than a BPDB Event of Default thereunder or a termination of the Gas Supply Agreement as a result of any cause other than a Gas Supplier Event of Default thereunder, and in either case the GOB acquires all of the Company’s rights, title and interests in and to the Facility pursuant to the provisions of the Implementation Agreement; or (v) the failure by the Company to make any payment of the Rent or other charges or payments required to be made by it hereunder within thirty-five (35) Days of the due date therefor.

Company Events of Default - Termination by BPDB. (a) BPDB may give a notice of default under this Lease Agreement (a “BPDB Notice of Default”) upon the occurrence of any of the following events (“Company Event of Default”) unless such Company Event of Default (i) results from a breach (a) by BPDB of this Lease Agreement Agreement; or (ii) occurs as a result of or during a Force Majeure Event pursuant to Section 13: (a) any failure by the Power Purchase Agreement, Company to submit and maintain the Performance Security Deposit in full force and effect; (b) by the GOB failure of the Implementation Agreement or Company to achieve the Guarantee, or Supply Commencement Date within three (3) Months after the Required Supply Commencement Date; (c) by the Gas Supplier failure of the Gas Company to submit the Operations Security Deposit within thirty (30) Days after the Supply Commencement Date or to maintain the Operations Security Deposit, in either case, in accordance with Section 7.2(c); (d) the assignment or transfer of the Company‟s rights or obligations under this Agreement without the prior consent of BPDB; (e) 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: (i) the passing of a resolution by the shareholders of the Company for the winding up of the Company; (ii) the voluntary filing by the Company of a petition of bankruptcy, moratorium, or other similar relief; (iii) the appointment of a liquidator in a proceeding for the winding up of the Company after notice to the Company and due hearing, which appointment has not been set aside or stayed within ninety (90) Days of such appointment; or (iv) the making by a court with jurisdiction over the Company of an order winding up the Company which is not stayed or reversed by a court of competent authority within ninety (90) Days; (f) any statement, representation representation, or warranty by the Company in this Lease Agreement proving to have been incorrect, in any material respect, when made or when deemed to have been made and the circumstances that cause such failure or incorrect statement, representation representation, or warranty to be incorrect having a material and adverse effect on BPDB’s the Company‟s ability to perform its obligations under this Lease Agreement; (ii) the failure of the Company to perform its obligations under Sections 3.4(a) and (b) in accordance with the times specified therein for such performance save to the extent that such failure is attributable to the occurrence of a Force Majeure Event; (iiig) any other material breach by the Company of this Lease Agreement that is not remedied within thirty (30) Days after notice from BPDB stating that a material breach of this Lease Agreement has occurred and is continuing that could result in the termination of this Lease Agreement, identifying the material breach in question in reasonable detail, and demanding remedy thereof;thirty (ivh) a termination after the Supply Commencement Date, the interruption of the Implementation Agreement as a result of any cause other than a GOB Event of Default or a termination of the Power Purchase Agreement as a result of any cause other than a BPDB Event of Default thereunder or a termination of the Gas Supply Agreement as a result of any cause other than a Gas Supplier Event of Default thereunder, and in either case the GOB acquires all of the Company’s rights, title and interests in and to the Facility pursuant to the provisions of the Implementation Agreement; or (v) the failure power supply by the Company for a continuous period of sixty (60) Days. (i) not used-. (j) except for payments in respect of which security is then available to make satisfy such payment obligation in full pursuant to Section 8.6, any default or defaults by the Company in making of any undisputed payment of the Rent or other charges or payments required to be made by it hereunder within thirty-five thirty (3530) Days of following the due date therefor.; or (k) i) the occurrence of a Company Event of Default which has not been waived or remedied within the applicable cure period provided therein;

Company Events of Default - Termination by BPDB. (a) BPDB may give notice of default under this Lease Agreement (a “BPDB Notice of Default”) upon the occurrence of any of the following events (“Company Event of Default”) unless such Company Event of Default results from a breach (a) by BPDB of this Lease Agreement or the Power Purchase Agreement, (b) by the GOB of the Implementation Agreement or the Guarantee, or (c) by the Gas Supplier of the Gas Supply AgreementGuarantee : (i) any statement, representation or warranty by the Company in this Lease Agreement proving to have been incorrect, in any material respect, when made or when deemed to have been made and the circumstances that cause such failure or incorrect statement, representation or warranty to be incorrect having a material and adverse effect on BPDB’s ability to perform its obligations under this Lease Agreement; (ii) the failure of the Company to perform its obligations under Sections 3.4(a) and (b) in accordance with the times specified therein for such performance save to the extent that such failure is attributable to the occurrence of a Force Majeure Event; (iii) any other material breach by the Company of this Lease Agreement that is not remedied within thirty (30) Days after notice from BPDB stating that a material breach of this Lease Agreement has occurred and is continuing that could result in the termination of this Lease Agreement, identifying the material breach in question in reasonable detail, and demanding remedy thereof; (iv) a termination of the Implementation Agreement as a result of any cause other than a GOB Event of Default or a termination of the Power Purchase Agreement as a result of any cause other than a BPDB Event of Default thereunder or a termination of the Gas Supply Agreement as a result of any cause other than a Gas Supplier Event of Default thereunder, and in either case the GOB acquires all of the Company’s rights, title and interests in and to the Facility pursuant to the provisions of the Implementation Agreement; or (v) the failure by the Company to make any payment of the Rent or other charges or payments required to be made by it hereunder within thirty-five (35) Days of the due date therefor.

Company Events of Default - Termination by BPDB. (a) BPDB may give notice of default under this Lease Agreement (a “BPDB Notice of Default”) upon the occurrence of any of the following events (“Company Event of Default”) unless ); provided, that any such event shall not be a Company Event of Default if it results from a breach (a) by BPDB of this Lease Agreement or the Power Purchase Agreement or the Share Purchase Agreement, (b) by the GOB of the Implementation Agreement or the Guarantee, or (c) by the Gas Supplier of the Gas Supply Agreement: (i) any statement, representation or warranty by the Company in this Lease Agreement proving to have been incorrect, in any material respect, when made or when deemed to have been made and the circumstances that cause such failure or incorrect statement, representation or warranty to be incorrect having a material and adverse effect on BPDB’s ability to perform its obligations under this Lease Agreement; (ii) the failure of the Company to perform its obligations under Sections 3.4(a) and (b) in accordance with the times specified therein for such performance save to the extent that such failure is attributable to the occurrence of a Force Majeure Event3.2; (iii) any other material breach by the Company of this Lease Agreement that is not remedied within thirty (30) Days after notice from BPDB stating that a material breach of this Lease Agreement has occurred and is continuing that could result in the termination of this Lease Agreement, identifying the material breach in question in reasonable detail, and demanding remedy thereof; (iv) a termination of the Implementation Agreement as a result of any cause other than a GOB Event of Default or a termination of the Power Purchase Agreement as a result of any cause other than a BPDB Event of Default thereunder or a termination of the Gas Supply Agreement as a result of any cause other than a Gas Supplier Event of Default thereunder, and in either case the GOB acquires all of the Company’s rights, title and interests in and to the Facility pursuant to the provisions of the Implementation Agreement; or (v) the failure by the Company to make any payment of the Rent or other any charges or payments required to be made by it hereunder within thirty-five (35) Days of the due date therefor.

Company Events of Default - Termination by BPDB. (a) BPDB may give a notice of default under this Lease Agreement (a “BPDB Notice of Default”) upon the occurrence of any of the following events (“Company Event of Default”) unless such Company Event of Default (i) results from a breach (a) by BPDB of this Lease Agreement Agreement; or (ii) occurs as a result of or during a Force Majeure Event pursuant to Section 13: (a) any failure by the Power Purchase Agreement, Company to submit and maintain the Performance Security Deposit in full force and effect; (b) by the GOB failure of the Implementation Agreement or Company to achieve the Guarantee, or Supply Commencement Date within three (3) Months after the Required Supply Commencement Date; (c) by the Gas Supplier failure of the Gas Company to submit the Operations Security Deposit within thirty (30) Days after the Supply Commencement Date or to maintain the Operations Security Deposit, in either case, in accordance with Section 7.2(c); (d) the assignment or transfer of the Company‟s rights or obligations under this Agreement without the prior consent of BPDB; (e) 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: (i) the passing of a resolution by the shareholders of the Company for the winding up of the Company; (ii) the voluntary filing by the Company of a petition of bankruptcy, moratorium, or other similar relief; (iii) the appointment of a liquidator in a proceeding for the winding up of the Company after notice to the Company and due hearing, which appointment has not been set aside or stayed within ninety (90) Days of such appointment; or (iv) the making by a court with jurisdiction over the Company of an order winding up the Company which is not stayed or reversed by a court of competent authority within ninety (90) Days; (f) any statement, representation representation, or warranty by the Company in this Lease Agreement proving to have been incorrect, in any material respect, when made or when deemed to have been made and the circumstances that cause such failure or incorrect statement, representation representation, or warranty to be incorrect having a material and adverse effect on BPDB’s the Company‟s ability to perform its obligations under this Lease Agreement; (ii) the failure of the Company to perform its obligations under Sections 3.4(a) and (b) in accordance with the times specified therein for such performance save to the extent that such failure is attributable to the occurrence of a Force Majeure Event; (iiig) any other material breach by the Company of this Lease Agreement that is not remedied within thirty (30) Days after notice from BPDB stating that a material breach of this Lease Agreement has occurred and is continuing that could result in the termination of this Lease Agreement, identifying the material breach in question in reasonable detail, and demanding remedy thereof;thirty (ivh) a termination after the Supply Commencement Date, the interruption of the Implementation Agreement as a result of any cause other than a GOB Event of Default or a termination of the Power Purchase Agreement as a result of any cause other than a BPDB Event of Default thereunder or a termination of the Gas Supply Agreement as a result of any cause other than a Gas Supplier Event of Default thereunder, and in either case the GOB acquires all of the Company’s rights, title and interests in and to the Facility pursuant to the provisions of the Implementation Agreement; or (v) the failure power supply by the Company for a continuous period of sixty (60) Days. (i) after the Supply Commencement Date, the Company fails to make achieve Normative Availability for three (3) consecutive years under the PPA. (j) except for payments in respect of which security is then available to satisfy such payment obligation in full pursuant to Section 8.6, any default or defaults by the Company in making of any undisputed payment of the Rent or other charges or payments required to be made by it hereunder within thirty-five thirty (3530) Days of following the due date therefor.; or (k) i) the occurrence of a Company Event of Default which has not been waived or remedied within the applicable cure period provided therein;