Common use of Defaults by Either Party Clause in Contracts

Defaults by Either Party. (a) A Party fails to make a payment when due hereunder if the failure is not cured within 10 days after the non-defaulting Party gives the defaulting Party a notice of the default. (b) A Party (i) makes a general assignment for the benefit of its creditors; (ii) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or has such a petition filed against it and such petition is not withdrawn or dismissed within 60 days after such filing; (iii) becomes insolvent; or (iv) is unable to pay its debts when due. (c) Subject to the limitations set forth in Section 3.4, a Party breaches a representation or warranty made by it herein if the breach is not cured within 30 days after the non-defaulting Party gives the defaulting Party a notice of the default; provided, however, that, upon written notice from the defaulting Party, this 30 day period shall be extended by an additional 60 days if (i) the failure cannot reasonably be cured within the 30 day period despite diligent efforts, (ii) the default is capable of being cured within the additional 60 day period, and

Defaults by Either Party. (a) A Party fails to make a payment when due hereunder if the failure is not cured within 10 days after the non-defaulting Party gives the defaulting Party a notice of the default, unless a Party is disputing some or all of the payment in good faith as permitted in Section 10.4. (b) A Party (i) makes a general assignment for the benefit of its creditors; (ii) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or has such a petition filed against it and such petition is not withdrawn or dismissed within 60 days after such filing; (iii) becomes insolvent; or (iv) is unable to pay its debts when due. (c) Subject to the limitations set forth in Section 3.4, a Party breaches a representation or warranty made by it herein if the breach is not cured within 30 days after the non-defaulting Party gives the defaulting Party a notice of the default; provided, however, that, upon written notice from the defaulting Party, this 30 day period shall be extended by an additional 60 days if (i) the failure cannot reasonably be cured within the 30 day period despite diligent efforts, (ii) the default is capable of being cured within the additional 60 day period, and

Defaults by Either Party. (a) The occurrence of any of the following constitutes an event of default by that Party: 15.1.1. A Party fails Party's failure to make a payment when due hereunder if the failure is not cured within 10 ten days after the non-defaulting Party gives the defaulting Party a notice of the defaultsuch payment is due. (b) 15.1.2. A Party (i) makes a general an assignment for the benefit of its creditors; (ii) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or has such a petition filed against it and such petition is not withdrawn or dismissed within 60 days after such filing; (iii) becomes insolvent; or (iv) is unable to pay its debts when due. (c) Subject to the limitations set forth in Section 3.4, a Party breaches 15.1.3. A Party's breach of a representation or warranty made by it that Party herein if the breach is not cured within 30 days after the non-defaulting Party gives the defaulting Party a notice of the default. 15.1.4. An Event of Default under an EEl Agreement. 15.1.5. A Party otherwise fails to perform any material obligation imposed upon that Party by this Agreement if the failure is not cured within 30 days after the non-defaulting Party gives the defaulting Party notice of the default; provided, however, that, upon written notice from the defaulting Party, this 30 day period shall be extended by an additional 60 days if (ia) the failure cannot reasonably be cured within the 30 day period despite diligent efforts, (iib) the default is capable of being cured within the additional 60 day period, andand (c) the defaulting Party commences the cure within the original 30 day period and is at all times thereafter diligently and continuously proceeding to cure the failure. 21 ***Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request.

Defaults by Either Party. ‌ (a) A Party fails to make a payment when due hereunder if the failure is not cured within 10 days after the non-defaulting Party gives the defaulting Party a notice of the default. (b) A Party (i) makes a general assignment for the benefit of its creditors; (ii) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or has such a petition filed against it and such petition is not withdrawn or dismissed within 60 days after such filing; (iii) becomes insolvent; or (iv) is unable to pay its debts when due. (c) Subject to the limitations set forth in Section 3.4, a Party breaches a representation or warranty made by it herein if the breach is not cured within 30 days after the non-defaulting Party gives the defaulting Party a notice of the default; provided, however, that, upon written notice from the defaulting Party, this 30 day period shall be extended by an additional 60 days if (i) the failure cannot reasonably be cured within the 30 day period despite diligent efforts, (ii) the default is capable of being cured within the additional 60 day period, and

Defaults by Either Party. (a) A Party fails to make a payment when due hereunder if the failure is not cured within 10 days after the non-defaulting Party gives the defaulting Party a notice of the default, except with respect to any amount being disputed by a Party pursuant to Section 10.4. (b) A Party (i) makes a general assignment for the benefit of its creditors; (ii) files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action under any bankruptcy or similar law for the protection of creditors, or has such a petition filed against it and such petition is not withdrawn or dismissed within 60 days after such filing; (iii) becomes insolvent; or (iv) is unable to pay its debts when due. (c) Subject to the limitations set forth in Section 3.4, a Party breaches a representation or warranty made by it herein if the breach is not cured within 30 days after the non-defaulting Party gives the defaulting Party a notice of the default; provided, however, that, upon written notice from the defaulting Party, this 30 day period shall be extended by an additional 60 days if (i) the failure cannot reasonably be cured within the 30 day period despite diligent efforts, (ii) the default is capable of being cured within the additional 60 day period, and