Default Allocations for Cogentrix. In the event VF Delaware, VF or Agro Power defaults or breaches any of its obligations under this Agreement, the Management Agreement, the Marketing Agreement or the Construction Agreement and such default or breach has not been remedied within any applicable cure period, or any representation or warranty made by VF Delaware, VF or any of their respective Affiliates under this Agreement or any such other agreement or document proves to have been untrue when made and (a) as a result thereof the Partnership, Cogentrix GP and Cogentrix LP (or any of them) incurs or suffers an Adverse Consequence and (b) Cogentrix GP or Cogentrix LP gives written notice of such Adverse Consequence to the Partnership and, if the amount thereof is unknown, its good faith estimate of the amount of such Adverse Consequence, then the Partnership shall thereafter refrain from making any distributions to VF Delaware and VF (or either of them) under this Agreement (any such distribution that would have been made but for this Section 5.2 is hereinafter referred to as a "Blocked Distribution") and shall take the following steps:
Appears in 4 contracts
Samples: Ecoscience Corp/De, Cogentrix Energy Inc, Ecoscience Corp/De
Default Allocations for Cogentrix. In the event VF Delaware, Delaware or VF or Agro Power defaults or breaches any of its obligations under this Agreement, the Management Agreement, the Marketing Agreement or the Construction Agreement Management and Marketing Agreement, and such default or breach has not been remedied within any applicable cure period, or any representation or warranty made by VF Delaware, VF or any of their respective Affiliates under this Agreement or any such other agreement or document proves to have been untrue when made and (a) as a result thereof the Partnership, Cogentrix GP and Cogentrix LP (or any of them) incurs or suffers an Adverse Consequence and (b) Cogentrix GP or Cogentrix LP gives written notice of such Adverse Consequence to the Partnership and, if the amount thereof is unknown, its good faith estimate of the amount of such Adverse Consequence, then the Partnership shall thereafter refrain from making any distributions to VF Delaware and VF (or either of them) under this Agreement (any such distribution that would have been made but for this Section 5.2 is hereinafter referred to as a "Blocked Distribution") and shall take the following steps:
Appears in 2 contracts
Samples: Cogentrix Energy Inc, Ecoscience Corp/De
