Early Termination Events. The Servicer will furnish to each Managing Agent and the Administrative Agent, as soon as possible and in any event within three (3) Business Days after the occurrence of each Early Termination Event or Unmatured Termination Event, a written statement setting forth the details of such event and the action that the Servicer proposes to take with respect thereto.
Early Termination Events. If any of the following events (each, an “Early Termination Event”) shall occur and be continuing:
(a) the Borrower shall fail to (i) make payment of any amount required to be made under the terms of this Agreement and such failure shall continue for more than two (2) Business Days; or (ii) repay all Advances Outstanding on or prior to the Maturity Date; or
(b) the Borrowing Base Test shall not be met, and such failure shall continue for more than two (2) Business Days; or
(c) (i) the Borrower shall fail to perform or observe in any material respect any other covenant or other agreement of the Borrower set forth in this Agreement and any other Transaction Document to which it is a party, or (ii) the Originator shall fail to perform or observe in any material respect any term, covenant or agreement of such Originator set forth in any other Transaction Document to which it is a party, in each case when such failure continues unremedied for more than fifteen (15) days after the first to occur of (i) the date on which written notice of such failure requiring the same to be remedied shall have been given to such Person by the Administrative Agent, any Managing Agent or the Collateral Custodian and (ii) the date on which such Person becomes or should have become aware thereof; or
(d) any representation or warranty made or deemed made hereunder shall prove to be incorrect in any material respect as of the time when the same shall have been made; or
(e) an Insolvency Event shall occur with respect to the Borrower or the Originator; or
(f) a Servicer Termination Event occurs; or
(g) any Change-in-Control of the Borrower or Originator occurs; or
(h) the Borrower or the Servicer defaults in making any payment required to be made under any material agreement for borrowed money to which either is a party and such default is not cured within the relevant cure period; or
(i) the Administrative Agent, as agent for the Secured Parties, shall fail for any reason to have a valid and perfected first priority security interest in any of the Collateral; or
(i) a final judgment for the payment of money in excess of (A) $10,000,000.00 shall have been rendered against the Originator or (B) $500,000 against the Borrower by a court of competent jurisdiction and, if such judgment relates to the Originator, such judgment, decree or order shall continue unsatisfied and in effect for any period of 30 consecutive days without a stay of execution, or (ii) the Originator or the Borrower, a...
Early Termination Events. (a) CPE will have the right to terminate this Agreement prior to the expiry of its Term upon the occurrence of any of the following (each a “CPE Early Termination Event”):
(i) [Reserved.]
(ii) any material misrepresentation or omission in any metering (or submetering), RA Plans, Supply Plans or any report or Notice with regard to providing the Showing Quantity, or undue delay or withholding of such data, report or Notice, which misrepresentation, omission or undue delay or withholding is not cured within ten (10) Business Days of CPE’s written demand to Provider therefor;
(iii) Provider or Project Owner or operator intentionally or knowingly delivers, or attempts to provide Showing Quantity that is not produced by the Project;
(iv) [Reserved]; or
(v) Provider fails to performprovide to CPE any Proof of the Showing Commitment Actions infor any Showing YearMonth during the Shown Term. as required by Section 3.3.
(b) Either Party will have the right to terminate this Agreement prior to the expiry of its Term upon the occurrence of any of the following (each a “Party Early Termination Event”, and collectively with the CPE Early Termination Events, the “Early Termination Events”):
(i) a Party, or Project Owner, applies for, consents to, or acquiesces in the appointment of a trustee, receiver or custodian of its assets (including for a substantial part of the Project), or the initiation of a bankruptcy, reorganization, debt arrangement, moratorium or any other proceeding under bankruptcy laws;
(ii) absent the consent or acquiescence of a Party, the appointment of a trustee, receiver or custodian of a Party’s or Project Owner’s assets (including for a substantial part of the Project), or the initiation of a bankruptcy, reorganization, debt arrangement, moratorium or any other proceeding under bankruptcy laws, which in either case, is not dismissed within sixty (60) days;
(iii) a Party consolidates or amalgamates with, or merges with or into, or transfers all or substantially all of its assets to another entity and at the time of such consolidation, amalgamation, merger or transfer, the resulting, surviving, or transferring entity fails to assume all of the obligations of such Party under this Agreement to which it or its predecessor was a party by operation of Law or pursuant to an assumption agreement reasonably satisfactory to the other Party;
(iv) the Project is incapable of or is not otherwise conveying any of the Showing Quantity (except where such inability...
Early Termination Events. This Agreement shall terminate automatically before the end of its term: (1) in the event the FERC issues the District a non-power license for the Project, (2) in the event the FERC orders removal of the Project, (3) in the event the FERC orders drawdown of the Project, or (4) the District withdraws from this Agreement based on Section 2 “Withdrawal From Agreement”.
Early Termination Events. Upon the Administrator’s determination that any one or more of the following events has occurred (each, an “Early Termination Event”), the Administrator has the immediate right, but not the obligation, to terminate this Agreement prior to the end of the Term without penalty:
(a) a final judicial or legislative determination that any Loan, PACE Charge or PACE Charge Lien is not valid and/or enforceable under the law, or any unstayed injunctive relief is granted by any court having appropriate jurisdiction, the effect of which is or would be to prevent servicing or collection of any PACE Charge or enforcement of any PACE Charge Lien;
(b) the dissolution of the Lender by insolvency, bankruptcy, failure to maintain applicable licenses, or other similar event;
(c) a breach of this Agreement or any other PACE Financing Document by the Lender that would reasonably be expected to have a material adverse effect on the Lender’s ability to comply with this Agreement or any other PACE Financing Document;
(d) the Lender fails at any time to satisfy the requirements necessary to be a Qualified Lender in good standing in accordance with all applicable Program Requirements;
(e) a failure by the Lender to pay any amounts owed to the Administrator in accordance with any PACE Financing Document;
(f) a change of law ending the Program or removing the Administrator as administrator of the Program and where there is no successor Program administrator;
(g) any event of force majeure or similar change of circumstance which make (i) the ability or likelihood of continued funding by the Lender infeasible or (ii) the remittance of payment by the Administrator impracticable; and/or
(h) the Administrator determines that a Material Adverse Change has occurred with respect to the Lender.
Early Termination Events. (a) Each of the following events shall constitute an "Early Termination Event", provided, however, that it will not constitute an Early Termination Event if Issuer fails to pay or deliver, or Early Termination Event or other similar condition or event, as the cmay be, arises solely (i) out of a wire transfer problem or an operational or administrative eor omission (so long as the required funds or property required to make that payment or delivery were otherwise available to Issuer), or (ii) from the general unavailability of the relevant currency due to exchange controls or other similar governmental action, but in either case only if the payment or delivery is made within three Business Days after the problem has been corrected, the error or omission has been discovered or the currency becomes generally available:
(1) Failure to Pay or Deliver. Failure by either party to make, when due, any payment or delivery required under this Agreement
Early Termination Events. Other Termination Provisions 20.3 Consequences of Termination
Early Termination Events. 21 5. PURPOSE.............................................................. 21 6. LOAN................................................................. 22 7. INTEREST............................................................. 23 8. REPAYMENT............................................................ 23 9.
Early Termination Events. 4.1 If:
4.1.1 a written trust deed in form and substance reasonably satisfactory to the Lender, which reduces to writing the oral agreement reached in establishing the Trust has not been entered into and lodged with the Master of the High Court within 30 (thirty) days after the Signature Date; or
4.1.2 the Master of the High Court has not issued letters of authority to the trustees of the Borrower within 30 (thirty) days after the date of lodgement of the Trust Deed with the Master of the High Court as contemplated by clause 4.1.1, then:
4.1.3 the Borrower shall forthwith pay to the Lender all of the Second Facility Outstandings; and
4.1.4 this Agreement shall automatically terminate upon the Lender's receipt of the amounts payable in terms of clause 4.
4.2 The provisions of clause 4.1 are without prejudice to any rights which the Lender may have under any of the other Transaction Documents.
Early Termination Events. Subject to Section 4.1(c) hereof, in the event that the Performance Share Units Vest as provided in Section 3.2(a) or (b), the Grantee shall be issued one Share for each Vested Performance Share Unit as soon as administratively practicable after the Determination Date and the Committee’s certification as described in Section 3.1, but in no event later than March 15, 20___.
