Events of Default by Company. The following events will be deemed events of default by Company:
A. The failure or omission by Company to perform its obligations under this Agreement or the breach of any term, condition or covenant required herein.
B. The conduct of any business or performance of any acts at the Airport not specifically authorized in this Agreement or by any other agreement between Authority and Company, and Company’s failure to discontinue that business or those acts within 30 days of receipt by Company of Authority’s written notice to cease said business or acts.
C. The appointment of a Trustee, custodian, or receiver of all or a substantial portion of Company’s assets.
D. The divestiture of Company’s estate herein by operation of law, by dissolution, or by liquidation (not including a merger or sale of assets).
E. The insolvency of Company; or if Company will take the benefit of any present or future insolvency statute, will make a general assignment for the benefit of creditors, or will seek a reorganization or the readjustment of its indebtedness under any law or statute of the United States or of any state thereof including the filing by Company of a voluntary petition of bankruptcy or the institution of proceedings against Company for the adjudication of Company as bankrupt pursuant thereto.
F. Company’s violation of Florida Statute Section 287.133 concerning criminal activity on contracts with public entities.
Events of Default by Company. Any one or more of the following events (herein called an “Event of Default”, or collectively “Events of Default”) shall constitute an Event of Default by the Company:
Events of Default by Company. Any one or more of the following events (herein called an “Event of Default”, or collectively “Events of Default”) shall constitute an Event of Default by the Company:
(a) if default shall be made in the due and punctual payment of any FILOT Payments, indemnification payments under Section 8.04, or Administration Expenses or any other amount payable hereunder, which default shall not have been cured within 30 days following receipt of written notice thereof from the County; or
(b) if default shall be made by the Company in the due performance of or compliance with any of the terms hereof, including payment, other than those referred to in the foregoing paragraph (a), and such default shall continue for 90 days after the County shall have given the Company written notice of such default, the Company shall fail to proceed promptly to cure the same.
Events of Default by Company. Company shall be in default hereunder if any one or more of the following events happen, and Company fails to cure such default within 15 days following written notice from MJNE (or such lesser period of time required under Nevada laws): (i) Company fails to act in accordance with, or is alleged by a federal, state, or county state regulatory authority or administrative body that it has violated, any law, rule, or regulation, including but not limited to any regulations promulgated by the CCB, including the RTMA; (ii) the filing by Company of a voluntary petition of bankruptcy or a voluntary petition or answer seeking reorganization, rearrangement, or readjustment of its debts, or any relief under any bankruptcy or insolvency act or law, now or hereafter existing, or any agreement by Company indicating consent to, approval of, or acquiescence in, any such petition or proceeding or face involuntary bankruptcy; (iii) the application by Company or the consent or acquiescence of Company in the appointment of a receiver or trustee for all or a substantial part of any of its properties or assets; (iv) the making by Company of a general assignment for the benefit of creditors; (v) the inability of Company or the admission of Company in writing of its inability to pay its debts as they mature; (vi) the filing of an involuntary petition against Company seeking reorganization, rearrangement or readjustment of its debts or for any other relief under any bankruptcy or insolvency act or law, now or hereafter existing, or the involuntary appointment of a receiver or trustee for Company for all or a substantial part of its property or assets, or the issuance of a warrant of attachment, or execution of similar process against a substantial part of the property of Company and the continuance of such for 120 days undismissed or undischarged; or (vii) the failure by Company to perform or comply with any material covenant or agreement in this Agreement. If Company fails to cure the default within 15 days, MJNE has the right to terminate the Agreement pursuant to Section 2(c).
Events of Default by Company. “Default” by Company under this Agreement will mean one or more of the following:
Events of Default by Company. Any one or more of the following events shall constitute an “Event of Default” by Company or a Sponsor Affiliate:
(A) if default shall occur in the due and punctual payment of any Additional Payments to the County, which default shall not have been cured within thirty (30) days following receipt of written notice thereof from the County;
(B) if FILOT Payments, together with any interest or penalties thereon, shall not have been paid within the maximum time that would be permitted by law if the Project were subject to ad valorem property taxes;
(C) if the Company or any Sponsor Affiliate shall fail to perform or comply with any other terms of this Fee Agreement, other than those referred to in the foregoing Subsections (A) or (B), and such default shall (i) continue for thirty (30) calendar days after the County has given the Company or Sponsor Affiliate written notice of such default, or (ii) in the case of any such default that can be cured, but cannot be cured with due diligence within such thirty (30) day period, if the Company or Sponsor Affiliate shall fail to proceed promptly and with due diligence to cure the same within such additional period as may be necessary to complete the curing of the same with all due diligence not to exceed ninety (90) days;
(D) if the Company, or where the Sponsor Affiliate makes separate investment under this Agreement the Company or the Sponsor Affiliate, shall file a voluntary petition seeking an order for relief in bankruptcy; or shall be adjudicated insolvent; or shall file any petition or answer or commence a case seeking reorganization, composition, readjustment, liquidation or similar order for relief for itself under any present or future statute, law or regulation; or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of the Company or the Sponsor Affiliate, as the case may be, or of the Project; or shall make any general assignment for the benefit of creditors; or shall admit in writing its inability to pay its debts generally as they become due;
(E) if a petition shall be filed or a case shall be commenced against the Company or where the Sponsor Affiliate makes separate investment under this Agreement against the Company or the Sponsor Affiliate seeking an order for relief in bankruptcy or any reorganization, composition, readjustment, liquidation or similar relief under any present or future statute, law or regulation, and shall remain undismissed or unstayed for ...
Events of Default by Company. The occurrence of any of the following events shall constitute an Event of Default by the Company hereunder:
(a) the Company shall fail to pay the relevant Exercise Price and deliver the Transferee Certificate on the relevant Exercise Date;
(b) any material breach by the Company of any of the representations, covenants and agreements made by the Company in this Put/Call Agreement if not cured within five Business Days of receipt of notice of such breach;
(c) the occurrence of an Act of Bankruptcy with respect to the Company; or
(d) a Change in Law occurs with respect to the Company under clause (A) of the definition of such term.
Events of Default by Company. In the event of a breach or default by the Company hereunder, which results in Employee not receiving base salary (as set forth in Paragraph 2.1 above), for any reason and for a period of ninety (90) consecutive days, which reasons include, but are not limited to, the failure of the Company to pay to Employee the base salary while Employee remains in the employ of the Company or Employee ceases to be employed by the Company directly as a result of such breach or default by the Company, then the provisions of this Section 3 shall be void and of no further force or effect.
Events of Default by Company. The following shall be "events of default" under this Amended Lease and the terms "event of default" or "default" shall mean, whenever they are used in this Amended Lease, any one or more of the following events:
Events of Default by Company. Each of the following events and occurrences is hereby defined as, and shall constitute, a "default" of this Agreement by Company:
(a) any breach by Company of this Agreement not covered by Clause 11.2(d) below;
(b) Company ceasing to function as a going concern; or ceasing to conduct its activities pursuant to this Agreement in the normal course of business; or becoming insolvent; or becoming the subject of a petition in bankruptcy; or having a receiver appointed for its business; or entering into any arrangement with, or assignment for the benefit of, creditors;
(c) Company or its related companies defaulting under any other material agreement between Dealer or any of its related companies, on the one hand, and Company or any other entity owned or controlled, directly or indirectly, by McCaw Cellular Communications, Inx., xr any successor of it, on the other hand, so that Dealer or its related companies has the present right to terminate such other Agreement for default; and
(d) any failure by Company to pay Dealer any amount of money when due that Company does not fully cure within fifteen (15) days after Dealer sends Company a written notice of the non-payment.
