Developer Defaults. Utility may give a notice of default under this Agreement (a "Utility Notice of Default") upon the occurrence of any of the following events, unless caused by a breach by Utility of this Agreement (each a "Developer Event of Default").
Developer Defaults. Each of the following events shall constitute a Developer Default under this Agreement:
Developer Defaults. In addition to the foregoing, it shall be a Default by Developer hereunder if (a) Developer makes an assignment of this Agreement for the benefit of creditors, is not paying material debts as they become due, or is granted an order for relief under any chapter of the Bankruptcy Code; (b) garnishment, attachment, levy or execution in an amount in excess of an amount equal to ten percent (10%) of its net worth is issued against any of the property or effects of Developer, or any partnership of which Developer is a partner, and such issuance is not bonded against within ninety (90) days; or (c) the dissolution or termination of existence of Developer unless its successor by transfer or operation of law is continuing the business of operating the Project.
Developer Defaults. In addition to the foregoing, it shall be a Default by Developer hereunder if (a) Developer sells, assigns, conveys, or alienates the Property, or any part thereof, or any interest therein or in this Agreement, or shall be divested of title or any interest therein in any manner or way, whether voluntarily or involuntarily, without City’s prior written consent; (b) any petition or application for a custodian, as defined by the Bankruptcy Code or for any form of relief under any provision of the Bankruptcy Code or any other law pertaining to reorganization, insolvency or readjustment of debts is filed by or against Developer, their respective assets or affairs, and such petition or application is not dismissed within 90 days of such filing; (c) Developer makes an assignment for the benefit of creditors, is not paying material debts as they become due, or is granted an order for relief under any chapter of the Bankruptcy Code; (d) garnishment, attachment, levy or execution in an amount in excess of an amount equal to 10% of its net worth is issued against any of the property or effects of Developer, or any partnership of which Developer is a partner, and such issuance is not bonded against within 90 days; (e) the dissolution or termination of existence of Developer; or (f) there is a material breach of any representation or warranty, or there is a material false statement or material omission, by Developer under any other document forming part of the transaction in respect of which this Agreement is made.
Developer Defaults. If, after Closing, a Developer default occurs, then PDC may, at its option: (i) seek monetary damages against Developer; or (ii) specifically enforce the obligations of Developer under this Agreement.
Developer Defaults. In addition to the foregoing, it shall be a Default by Developer hereunder if (a) Developer sells, assigns, conveys, or alienates the Property, or any part thereof, or any interest therein, or shall be divested of title or any interest therein in any manner or way, whether voluntarily or involuntarily other than in accordance with this Agreement or the Master Lease; (b) any petition or application for a custodian, as defined by Xxxxx 00, Xxxxxx Xxxxxx Code, as amended from time to time (the “Bankruptcy Code”) or for any form of relief under any provision of the Bankruptcy Code or any other law pertaining to reorganization, insolvency or readjustment of debts is filed by or against Developer, their respective assets or affairs, and such petition or application is not dismissed within ninety (90) days of such filing; (c) Developer makes an assignment for the benefit of creditors, is not paying material debts as they become due, or is granted an order for relief under any chapter of the Bankruptcy Code; (d) garnishment, attachment, levy or execution in an amount in excess of an amount equal to ten percent (10%) of its net worth is issued against any of the property or effects of Developer, or any partnership of which Developer is a partner, and such issuance is not bonded against within ninety (90) days; (e) the dissolution or termination of existence of Developer unless its successor by transfer or operation of law is continuing the business of operating the Project; or (f) there is a material breach of any representation or warranty, or there is a material false statement or material omission, by Developer under any other document forming part of the transaction in respect of which this Agreement is made, including without limitation the Master Leases.
Developer Defaults. The occurrence of any of the following shall be an event of default by the Developer (“Developer Default”):
Developer Defaults. The occurrence of any of the following events, acts or omissions shall constitute an “Event of Default” by Developer under this Agreement, unless Developer cures the Event of Default within thirty (30) days or, if the Event of Default cannot be cured within thirty (30) days, Developer commences efforts to cure the Event of Default within thirty (30) days of Owner’s written notice of the Event of Default and thereafter diligently completes the cure of such Event of Default:
Developer Defaults. 109 Section 19.02 Department Remedies upon Developer Default ..................................112 Section 19.03
Developer Defaults. The occurrence of any one or more of the following events during the Term will constitute a “Developer Default” pursuant to this Agreement:
