Failure to Make Payment Under Financing Documents. The Borrower shall fail to pay, in accordance with the terms of this Loan Guarantee Agreement, the FFB Documents or any other Financing Documents (whether at scheduled maturity, as a required prepayment, by acceleration or otherwise), (i) any principal amount of the Advances, any Capitalized Interest Amounts, interest otherwise due and payable in the respect of the Guaranteed Loans or any DOE Guarantee Payment on or before the date such amount is due or (ii) any scheduled fee, charge or other amount due under any Financing Document on or before the date such amount is due and, solely in the case of any amounts contemplated by this clause (ii), such failure to pay shall continue unremedied for a period of five (5) Business Days after the date on which such amount was due; provided that the Borrower shall not be in default under this Section 8.1(a) if it has timely remitted all such payments to the Loan Servicer but the Loan Servicer has failed to timely remit payments to FFB.
Failure to Make Payment Under Financing Documents
