Events of Breach. A Breach of this Agreement shall include: (a) The failure to pay any amount when due, including failure to provide appropriate irrevocable security, as applicable under Article 6; (b) The failure to comply with any material term or condition of this Agreement, including but not limited to any material Breach of a representation, warranty or covenant made in this Agreement; (c) If a Party (i) is adjudicated bankrupt; (ii) files a voluntary petition in bankruptcy under any provision of any federal or state bankruptcy law or shall consent to the filing of any bankruptcy or reorganization petition against it under any similar law; (iii) makes a general assignment for the benefit of its creditors; or (iv) consents to the appointment of a receiver, trustee or liquidator; (d) Assignment of this Agreement in a manner inconsistent with the terms of this Agreement; (e) Failure of a Party to provide such access rights, or a Party’s attempt to revoke access or terminate such access rights, as provided under this Agreement or any related GIA; (f) Failure of a Party to provide information or data to another Party as required under this Agreement, provided the Party entitled to the information or data under this Agreement requires such information or data to satisfy its obligations under this Agreement.
Appears in 4 contracts
Samples: Shared Network Upgrade Facilities Construction Agreement, Multi Party Facilities Construction Agreement, Multi Party Facilities Construction Agreement
Events of Breach. A Breach of this Agreement shall include:
(ai) The the failure to pay any amount when due, including failure to provide appropriate irrevocable security, as applicable under Article 6;
(bii) The the failure to comply with any material term or condition of this Agreement, including but not limited to any material Breach of a representation, warranty or covenant made in this Agreement;
(ciii) If a Party Party’s abandonment of its work or the facilities contemplated in this Agreement;
(iiv) is adjudicated bankrupta Party’s: (A) insolvency; (iiB) files filing of a voluntary petition in bankruptcy under any provision of any federal or state bankruptcy law or shall consent to the filing of any bankruptcy or reorganization petition against it such Party under any similar law; (iiiC) makes a general assignment for the benefit of its such Party’s creditors; or (ivD) consents consent to the appointment of a receiver, trustee or liquidator;
(dv) Assignment assignment of this Agreement in a manner inconsistent with the terms of this Agreement;
(evi) Failure of a Party either Party’s failure to provide such access rights, or a Party’s attempt to revoke access or terminate such access rights, as provided under this Agreement or any related GIA;Agreement; or
(fvii) Failure failure of a either Party to provide information or data to another the other Party as required under this Agreement, provided that the Party entitled to the information or data under this Agreement requires such information or data to satisfy its obligations under this Agreement.
Appears in 3 contracts
Samples: Separation Agreement, Distribution Agreement (ITC Holdings Corp.), Separation Agreement (ITC Holdings Corp.)
Events of Breach. A Breach of this Agreement shall include:
(a) The failure to pay any amount when due, including failure to provide appropriate irrevocable security, as applicable under Article 6;
(b) The failure to comply with any material term or condition of this Agreement, including but not limited to any material Breach of a representation, warranty or covenant made in this Agreement;
(c) If a Party (i) is adjudicated bankrupt; (ii) files a voluntary petition in bankruptcy under any provision of any federal or state bankruptcy law or shall consent to the filing of any bankruptcy or reorganization petition against it under any similar law; (iii) makes a general assignment for the benefit of its creditors; or (iv) consents to the appointment of a receiver, trustee or liquidator;
(d) Assignment of this Agreement in a manner inconsistent with the terms of this Agreement;
(e) Failure of a Party to provide such access rights, or a Party’s attempt to revoke access or terminate such access rights, as provided under this Agreement or any related GIA;
(f) Failure of a Party to provide information or data to another Party as required under this Agreement, provided the Party entitled to the information or data under this Agreement requires such information or data to satisfy its obligations under this Agreement.
Appears in 1 contract
Samples: Shared Network Upgrade Facilities Construction Agreement
Events of Breach. A Breach breach of this Agreement shall include:
(a) The failure to pay any amount when due, including failure to provide appropriate irrevocable security, as applicable under Article 6;
(b) 15.2.1 The failure to comply with any material term or condition of this Agreement, including but not limited to any material Breach breach of a representation, warranty or covenant made in this Agreement;
(c) 15.2.2 If a Party Party: (i) by decree of a court of competent jurisdiction is adjudicated bankruptbankrupt or insolvent; (ii) files a voluntary petition in bankruptcy under any provision of any federal or state bankruptcy law or shall consent to the filing of any bankruptcy or reorganization petition against it under any similar law; (iii) makes a general assignment for the benefit of its creditors; or (iv) consents to the appointment of a receiver, trustee or liquidator;
(d) 15.2.3 Assignment of this Agreement in a manner inconsistent with the terms of Sections 12.2 or 12.3 of this Agreement;
(e) 15.2.4 Failure of a Party to provide such access rights, or a Party’s attempt to revoke access or terminate such access rights, as provided under this Agreement or any related GIA;Agreement; or
(f) 15.2.5 Failure of a Party to provide information or data to another the other Party as required under this Agreement, provided the Party entitled to the information or data under this Agreement requires such information or data to satisfy its obligations under this AgreementAgreement or to satisfy Regulatory Requirements.
Appears in 1 contract
Events of Breach. A Breach of this Agreement shall include:
(a) The the failure to pay any amount when due, including failure to provide appropriate irrevocable security, as applicable under Article 6;
(b) The the failure to comply with any material term or condition of this Agreement, including but not limited to any material Breach of a representation, warranty or covenant made in this Agreement;
(c) If a Party Party’s abandonment of its work or the facilities contemplated in this Agreement;
(id) is adjudicated bankrupta Party’s: (1) insolvency; (ii2) files filing of a voluntary petition in bankruptcy under any provision of any federal or state bankruptcy law or shall consent to the filing of any bankruptcy or reorganization petition against it such Party under any similar law; (iii3) makes a general assignment for the benefit of its such Party’s creditors; or (iv4) consents consent to the appointment of a receiver, trustee or liquidator;
(de) Assignment assignment of this Agreement in a manner inconsistent with the terms of this Agreement;
(ef) Failure of a Party either Party’s failure to provide such access rights, or a Party’s attempt to revoke access or terminate such access rights, as provided under this Agreement or any related GIA;Agreement; or
(fg) Failure failure of a either Party to provide information or data to another the other Party as required under this Agreement, provided that the Party entitled to the information or data under this Agreement requires such information or data to satisfy its obligations under this Agreement.
Appears in 1 contract