Defaults Defined. The following shall be “Defaults” under this Agreement and the term “Default” shall mean, whenever it is used in this Agreement, any one or more of the following events:
(a) Failure by the Company to pay any amount required to be paid under Section 4.02(a) or (d) hereof.
(b) Failure by the Company to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in Section 8.01(a) hereof, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied shall have been given to the Company by the Issuer or the Trustee, unless the Issuer and the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, the Issuer and the Trustee will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the Company within the applicable period and diligently pursued until such failure is corrected.
(c) The dissolution or liquidation of the Company, except as authorized by Section 2.02 hereof, or the voluntary initiation by the Company of any proceeding under any federal or state law relating to bankruptcy, insolvency, arrangement, reorganization, readjustment of debt or any other form of debtor relief, or the initiation against the Company of any such proceeding which shall remain undismissed for sixty (60) days, or failure by the Company to promptly have discharged any execution, garnishment or attachment of such consequence as would impair the ability of the Company to carry on its operations at the Project, or assignment by the Company for the benefit of creditors, or the entry by the Company into an agreement of composition with its creditors or the failure generally by the Company to pay its debts as they become due.
(d) The occurrence and continuance of a Default under the Indenture.
Defaults Defined. The following shall be "Defaults" under this Agreement and the term "Default" shall mean, whenever it is used in this Agreement, any one or more of the following events:
Defaults Defined. IX-1 Section 9.2. Trustee's Remedies on Default.................. IX-3 Section 9.3. Issuer's Remedies on Default................... IX-4 Section 9.4. Specific Performance........................... IX-5 Section 9.5. No Remedy Exclusive............................ IX-5 Section 9.6. Agreement to Pay Attorneys' Fees and Expenses...................................... IX-6 Section 9.7. No Additional Waiver Implied by One Waiver........................................ IX-6 ARTICLE X OPTIONS TO TERMINATE AGREEMENT.............................. X-1 ARTICLE XI MISCELLANEOUS
Defaults Defined. 47 Sec. 7.02. Declaration of maturity of principal on default............................48 Waiver of declaration of maturity........
Defaults Defined. 33 Section 8.2. Remedies on Default............................................................................... 35 Section 8.3. No Remedy Exclusive............................................................................... 35 Section 8.4. Agreement to Pay Attorneys' Fees and Expenses..................................................... 35 Section 8.5. No Additional Waiver Implied by One Waiver........................................................ 36 ARTICLE IX
Defaults Defined. The following events shall be deemed to be events of default by Tenant under this Lease:
(i) If Tenant shall fail to pay any installments of the rent, or any other charge designated herein to be paid as rent, on the date that same is due, and such failure shall continue for a period of ten (10) days after Landlord gives Tenant written notice thereof.
(ii) If Tenant shall fail to comply with any term, condition, or covenant of this Lease, other than the payment of rent, and shall not cure such failure within thirty (30) days after written notice thereof to Tenant; or if such failure cannot reasonably be cured within the said thirty (30) days, Tenant shall not have commenced to cure such failure within thirty (30) days after written notice thereof to Tenant and Tenant shall not with reasonable diligence and good faith proceed in the curing of such failure.
(iii) If Tenant shall become insolvent or shall make an assignment for the benefit of creditors, or if Tenant files a petition under any chapter of the U. S. Bankruptcy Act seeking to be adjudicated a bankrupt, or if any other party files a petition under any section of the U. S. Bankruptcy Act seeking to have Tenant adjudicated a bankrupt and Tenant fails to have such petition dismissed within ninety (90) days of filing, or if a receiver or beneficiary shall be appointed for all or substantially all of the assets of Tenant.
Defaults Defined. XI-1 Section 11.2. Issuer's Remedies on Default . . . . . XI-2 Section 11.3. [Intentionally Omitted] . . . . . . . . XI-3 Section 11.4. Specific Performance . . . . . . . . . XI-3 Section 11.5. No Remedy Exclusive . . . . . . . . . . XI-4 Section 11.6. Agreement to Pay Attorneys' Fees and Expenses . . . . . . . .. . . . . . . . XI-4 Section 11.7. No Additional Waiver Implied by One Waiver . . . . . . . . . . . . . . . . XI-4 ARTICLE XII OPTIONS TO PREPAY RENT AND TERMINATE OBLIGATIONS HEREUNDER . . . . .XII-1
Defaults Defined. Acceleration of principal........................ Rescission of such acceleration.................. Sec. 9.02. Trustee to give bondholders notice, within 90 days, of defaults known to them................ May withhold such notice in certain case stated..
Defaults Defined. Each of the following constitutes a default by Contractor under this Agreement (each, a “Default”), if not remedied within the notice and cure periods set forth in Section 12.2 hereof or as otherwise set forth in this Agreement: Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by Contractor to HPTE; Contractor admits in writing its inability or unwillingness to pay its debts as they become due; The breach of any material representation or warranty made by Contractor herein; Contractor’s violation of federal or state laws;
Defaults Defined. The following shall be "Defaults" under this agreement and the term "Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: (a) Failure by Lessee to pay, when due, any amount required to be paid under Sections 3.3 or 4.1, provided that there shall be no default hereunder if such amounts are paid within ten (10) days of the date of any written notice to Lessee that such payments are due and payable.
