Default for Non-Payment by BE Sample Clauses

Default for Non-Payment by BE. If BE fails to repay any amounts due and owing on a CDOT BE Backup Loan in accordance with the applicable CDOT BE Backup Loan Agreement, upon notice to BE and failure by BE to cure within forty-five (45) days thereof, CDOT may, at its option: (i) suspend or terminate its commitment to consider making future CDOT BE Backup Loans hereunder; (ii) require BE to engage a consultant to review and analyze BE’s operations and recommend actions regarding revising funding plans and funding of projects, changing the methods of program operations, or any other actions to increase revenues or reduce expenses, and in CDOT’s discretion, require BE to either implement such recommended actions or undertake such alternative course of action that will ensure BE’s ability to meet its payment obligations under the applicable CDOT BE Backup Loan Agreement; or (iii) take any other appropriate action available at law or in equity. Notwithstanding the foregoing, no principal or interest due on any CDOT BE Backup Loan shall be repaid except to the extent funds are available in the BE General Account for such purpose after accounting for amounts first required to be paid in accordance with the security and priority of payments set forth in the Financing Agreements, nor shall CDOT be entitled to accelerate amounts owed on any CDOT BE Backup Loan, during any time that the C-70 Note remains outstanding. Failure of BE to make a principle or interest payment on any CDOT BE Backup Loan due solely to the insufficiency of funds available in the BE General Account shall not constitute a default nor entitle CDOT to exercise remedies in respect of such CDOT BE Backup Loan Agreement. The exercise by CDOT of any of the remedies above shall not relieve BE of liability to repay any CDOT BE Backup Loan or for any damages sustained by CDOT by virtue of any breach of this Agreement by BE.
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Related to Default for Non-Payment by BE

  • Termination for Non-Payment We may terminate this Agreement with immediate effect by giving written notice to you if you fail to pay any amount due under this Agreement on the due date for payment and remain in default not less than thirty

  • Notification of Non-payment The Global Agent shall forthwith notify Freddie Mac by facsimile, e-mail or other rapid means of communication if it has not received the full amount for any payment due in respect of the Notes on the date such payment is due. The Global Agent shall have no liability, responsibility, duty or obligation to any Holder or beneficial owner of Notes to take any action against Issuer in the event that Issuer fails to make available funds sufficient to pay amounts due and payable and owing to any Holder on any Payment Date. The Global Agent shall give issuance instructions to DTC in accordance with DTC’s procedures.

  • Suspension for Non-Payment We may suspend your access to all or any part of the Subscription Service upon ten (10) days’ notice to you of non-payment of any amount past due. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If the Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.

  • Non-Payment The Borrower or any other Loan Party fails to pay (i) when and as required to be paid herein, any amount of principal of any Loan or any L/C Obligation, or (ii) within three days after the same becomes due, any interest on any Loan or on any L/C Obligation, or any fee due hereunder, or (iii) within five days after the same becomes due, any other amount payable hereunder or under any other Loan Document; or

  • Termination for Non-Allocation of Funds Renegotiate the Contract under the revised funding conditions; or

  • Allocation of Payments After Event of Default Notwithstanding any other provisions of this Credit Agreement, after the occurrence and during the continuance of an Event of Default with respect to any Borrower, all amounts collected from such Borrower or received by the Administrative Agent or any Lender on account of amounts outstanding under any of the Credit Documents shall be paid over or delivered as follows: FIRST, to the payment of all reasonable out-of-pocket costs and expenses (including without limitation reasonable outside attorneys’ fees other than the fees of in-house counsel) of the Administrative Agent or any of the Lenders in connection with enforcing the rights of the Lenders under the Credit Documents against such Borrower and any protective advances made by the Administrative Agent or any of the Lenders, pro rata as set forth below; SECOND, to payment of any fees owed to the Administrative Agent or any Lender by such Borrower, pro rata as set forth below; THIRD, to the payment of all accrued interest payable to the Lenders by such Borrower hereunder, pro rata as set forth below; FOURTH, to the payment of the outstanding principal amount of the Loans or Letters of Credit outstanding of such Borrower, pro rata as set forth below; FIFTH, to all other obligations which shall have become due and payable of such Borrower under the Credit Documents and not repaid pursuant to clauses “FIRST” through “FOURTH” above; and SIXTH, the payment of the surplus, if any, to whoever may be lawfully entitled to receive such surplus. In carrying out the foregoing, (a) amounts received shall be applied in the numerical order provided until exhausted prior to application to the next succeeding category and (b) each of the Lenders shall receive an amount equal to its pro rata share (based on each Lender’s Commitment Percentages) of amounts available to be applied.

  • Payments on Early Termination For the purpose of Section 6(e) of this Agreement: (i) Market Quotation will apply. (ii) The Second Method will apply.

  • Termination for Nonpayment In the event of the nonpayment of fees owed to DSI, DSI shall provide written notice of delinquency to all parties to this Agreement. Any party to this Agreement shall have the right to make the payment to DSI to cure the default. If the past due payment is not received in full by DSI within one month of the date of such notice, then DSI shall have the right to terminate this Agreement at any time thereafter by sending written notice of termination to all parties. DSI shall have no obligation to take any action under this Agreement so long as any payment due to DSI remains unpaid.

  • Notice of Payment of Termination Payment As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the amount of the Termination Payment and whether the Termination Payment is due to the Non-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of such amount and the sources for such calculation. The Termination Payment shall be made to the Non-Defaulting Party, as applicable, within ten (10) Business Days after such Notice is effective.

  • Termination Payments In the event of termination of the employment of Executive, all compensation and benefits set forth in this Agreement shall terminate except as specifically provided in this paragraph 4:

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