Early Termination Events Clause Samples
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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. 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. 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. If any of the following events (each, an “Early Termination Event”) shall occur and be continuing:
Early Termination Events. (a) If (i) the Leased Premises shall be taken in its entirety by a Taking or (ii) all or a substantial portion of the Leased Premises shall be damaged or destroyed by a Casualty or any substantial portion of the Leased Premises shall be taken by a Taking and, in the case of (i) above, Tenant certifies and covenants to Landlord that it will abandon its operations at the Leased Premises for three (3) years following the date of the Taking or Casualty (except that no such certification and covenant shall be required if Tenant notifies Landlord that it is electing to make an offer to terminate this Lease for an Early Termination Amount equal to [INTENTIONALLY OMITTED]), as the case may be (each of the events described in the above clauses (i) and (ii) shall hereinafter be referred to as an "Early Termination Event"), then (x) in the case of (i) above, Tenant shall be obligated, within thirty (30) days after Tenant receives a Condemnation Notice and (y) in the case of (ii) above, Tenant shall have the option, within thirty (30) days after Tenant receives a Condemnation Notice or thirty (30) days after the Casualty, as the case may be, to give to Landlord written notice of the Tenant's offer to terminate this Lease (an "Early Termination Notice") in the form described in Paragraph 18(b). Notwithstanding anything in this Lease to the contrary, the provisions of this Paragraph 18(a) shall not be applicable if the Net Award received by Landlord is equal to or greater than [INTENTIONALLY OMITTED], it being agreed that Tenant shall have the right to provide funds in such amount as may be necessary to make the actual amount of the Net Award received by Landlord as a result of the Casualty or Taking equal to [INTENTIONALLY OMITTED].
(b) An Early Termination Notice shall contain (i) notice of Tenant's intention to terminate this Lease on the first Basic Rent Payment Date (the "Early Termination Date") which occurs at least sixty (60) days after the date of receipt ("Notice Receipt Date") by Landlord of the Early Termination Notice, (ii) a binding and irrevocable offer of Tenant to pay the Early Termination Amount and (iii) if the Early Termination Event is an event described in Paragraph 18(a)(ii), the certification and covenants described in the foregoing Paragraph 18(a) and a certified resolution of the Board of Directors of Tenant authorizing the same (unless Tenant elects to pay an Early Termination Amount equal to [INTENTIONALLY OMITTED].
(c) If Landlord shall reje...
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. 22 5. PURPOSE.............................................................. 23 6. LOAN................................................................. 23 7. INTEREST............................................................. 24 8. REPAYMENT............................................................ 25 9.
Early Termination Events. 18.2 Other Termination Provisions 18.3 Consequences of Termination
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. 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___.
