Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.5, the GOB shall have all the rights and remedies with respect to such default as set forth in this Agreement; provided, that: (i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the “Evaluation Period”), during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; and (ii) the Evaluation Period shall end on the earlier of: (A) the delivery by the Lenders to the GOB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and (B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOB’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 14 contracts
Samples: Implementation Agreement, Implementation Agreement, Implementation Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.54.5, the GOB BPDB shall have all the rights and remedies with respect to such default as set forth in this Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the an “Evaluation Period”), ) during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, Facility and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; and
(ii) the Evaluation Period shall end on the earlier of:
(A) the delivery by the Lenders to the GOB BPDB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOBPeriod BPDB’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 9 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.54.5, the GOB BPDB shall have all the rights and remedies with respect to such default as set forth in this Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the an “Evaluation Period”), ) during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, Facility and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; and
(ii) the Evaluation Period shall end on the earlier of:
(A) A. the delivery by the Lenders to the GOB BPDB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) B. thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOBPeriod BPDB’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.57.4, the GOB BPDB shall have all the its rights and remedies with respect to such default as set forth in this Lease Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the “Evaluation Period”), ) during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; , and
(ii) the Evaluation Period shall end on the earlier sooner to occur of:
(A) the delivery by the Lenders to the GOB BPDB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOBBPDB’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 5 contracts
Samples: Land Lease Agreement, Land Lease Agreement, Land Lease Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.54.7, the GOB BPDB shall have all the rights and remedies with respect to such default as set forth in this Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the an “Evaluation Period”), ) during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, Facility and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; and
(ii) the Evaluation Period shall end on the earlier of:
(A) the delivery by the Lenders to the GOB BPDB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOBPeriod BPDB’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.5, the GOB shall have all the rights and remedies with respect to such default as set forth in this Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the “Evaluation Period”), during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; and
(ii) the Evaluation Period shall end on the earlier of:
(A) the delivery by the Lenders to the GOB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOB’s GOB‟s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 2 contracts
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.57.4, the GOB NCC shall have all the its rights and remedies with respect to such default as set forth in this Land Use Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the “Evaluation Period”), ) during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; , and
(ii) the Evaluation Period shall end on the earlier sooner to occur of:
(A) the delivery by the Lenders to the GOB NCC of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOBNCC’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 2 contracts
Samples: Land Use Agreement, Land Use Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.5, the GOB shall have all the rights and remedies with respect to such default as set forth in this Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the “Evaluation Period”), during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; and
(ii) the Evaluation Period shall end on the earlier of:
(A) the delivery by the Lenders to the GOB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); andand
(B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOB’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 1 contract
Samples: Implementation Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.57.4, the GOB BPDB shall have all the its rights and remedies with respect to such default as set forth in this Land Lease Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the “Evaluation Period”), ) during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; , and
(ii) the Evaluation Period shall end on the earlier sooner to occur of:
(A) the delivery by the Lenders to the GOB BPDB of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) thirty (30) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOBBPDB’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 1 contract
Samples: Land Lease Agreement
Failure of Lenders to Cure Default. If the Lenders fail to cure or are unable or unwilling to cure any Company Event of Default that is required to be cured prior to the expiration of the periods referred to above in this Section 13.57.4, the GOB [INSERT THE BUILDING OWNER NAME] shall have all the its rights and remedies with respect to such default as set forth in this Lease Agreement; provided, that:
(i) upon the expiration of the Initial Cure Period, the Lenders shall have a further period (the “Evaluation Period”), ) during which the Lenders may evaluate such Company Event of Default, the condition of the Facility, and other matters relevant to the actions to be taken by the Lenders concerning such Company Event of Default; , and
(ii) the Evaluation Period shall end on the earlier sooner to occur of:
(A) the delivery by the Lenders to the GOB [INSERT THE BUILDING OWNER NAME] of a notice that the Lenders have elected to procure the cure of such Company Event of Default or otherwise pursue their remedies under the Financing Documents (an “Election Notice”); and
(B) thirty 30 (30thirty) Days following the end of the Initial Cure Period. During the Evaluation Period, the GOB[INSERT THE BUILDING OWNER NAME] ’s rights and remedies with respect to a Company Event of Default shall be suspended.
Appears in 1 contract
Samples: Rooftop Lease Agreement