Common use of Failure to Make Payments Clause in Contracts

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (a) any principal on any Loan, or any Reimbursement Obligation, on the date that such sum is due, (b) any interest on any Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, within three days after the date that such sum is due, or (c) any other fee, cost, charge or other sum due under this Agreement within five days after written notice that such sum is due and has not been paid.

Appears in 2 contracts

Samples: Credit Agreement (Calpine Corp), Subordination Agreement (Calpine Corp)

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Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (ai) any principal on any Loan, or any Reimbursement Obligation, Loan on the date that such sum is due, (bii) any interest on such Loan within 5 days from the date that such is due, or (iii) any Loan fee or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or other cost owing to Lender under the other Credit Documents, Agreement within three 15 days after the date that such sum is due, or (c) any other fee, cost, charge or other sum due under this Agreement within five days after written notice that such sum is due and has not been paid.

Appears in 2 contracts

Samples: Credit Agreement (Husker Ag LLC), Credit Agreement (E Energy Adams LLC)

Failure to Make Payments. Borrower Borrowers shall fail to pay, in accordance with the terms of this Agreement, (ai) any principal on with respect to any Loan, or any Reimbursement Obligation, Loan on the date that such sum is duedue (including, but not limited to, any payments required under Section 2.4 or Section 2.8, (bii) any interest on any Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, within three five (5) days after the date that such sum is due, or (ciii) any other fee, cost, charge or other sum sum, due under this Agreement Agreement, within five ten (10) days after written notice the date that Lender notifies Borrowers that such sum is due and has not been paiddue.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (ai) any principal on any Loan, or any Reimbursement Obligation, of the Loan Facility on the date that such sum is due, (bii) any interest on any of the Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, Facility within three five (5) days after the date that such sum is due, or (ciii) any other fee, cost, charge or other sum due under this Agreement the Credit Documents within five ten (10) days after the date on which written notice is given to Borrower pursuant to the provisions of Section 10.1 that such sum is due and has not been paiddue.

Appears in 2 contracts

Samples: Credit Agreement (GST Telecommunications Inc), Credit Agreement (GST Telecommunications Inc)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, Agreement (ai) any principal on any Loan, or any Reimbursement Obligation, Loan on the date that such sum is due, (bii) any interest on any Loan or on any Reimbursement Obligation or within five days after the date such sum is due, (iii) any scheduled fee, cost, charge or sum due hereunder or under the any other Credit Documents, Documents within three five days after of the date that such sum is due, or (civ) any other fee, cost, charge or other sum due under this Agreement or the other Credit Documents within five 30 days after written notice to Borrower that such sum is due and has not been paiddue.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, Agreement (ai) any principal on any Loan, or any Reimbursement Obligation, Loan on the date that such sum is due, (bii) any interest on any Loan or on any Reimbursement Obligation or within five days after the date such sum is due, (iii) any scheduled fee, cost, charge or sum due hereunder or under the any other Credit Documents, Documents within three five days after of the date that such sum is due, or (civ) any other fee, cost, charge or other sum due under this Agreement or the other Credit Documents within five 10 days after written notice that such sum is due and has not been paiddue.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (ai) any principal on any Loan, or any Reimbursement Obligation, Loan on the date that such sum is due, (bii) any interest on such Loan within 5 days from the date that such is due, or (iii) any Loan advance fee or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or other cost owing to Lender under the other Credit Documents, Loan Documents within three 15 days after the date that such sum is due, or (c) any other fee, cost, charge or other sum due under this Agreement within five days after written notice that such sum is due and has not been paid.

Appears in 1 contract

Samples: Credit Agreement (Siouxland Ethanol, LLC)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (a) any principal on any Loan, or any Reimbursement Obligation, Loan on the date that such sum is due, (b) any interest on any Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, within three days after the date that such sum is due, or (c) any other fee, cost, charge or other sum due under this Agreement within five days after written notice that such sum is due and has not been paid.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy Inc)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (a) any principal on any Loan, or any Reimbursement Obligation, Loan on the date that such sum is due, (b) any interest on any Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, within three (3) days after the date that such sum is due, or (c) any other fee, cost, charge or other sum due under this Agreement within five (5) days after written notice that such sum is due and has not been paid.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

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Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (a) any principal on any Loan, or any Reimbursement Obligation, on the date that such sum is due, (b) any interest on any Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, within three days after the date that such sum is due, or (c) any other fee, cost, 103 charge or other sum due under this Agreement within five days after written notice that such sum is due and has not been paid.

Appears in 1 contract

Samples: Security Agreement (Calpine Corp)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, Agreement (a) any principal on any Loan, or any Reimbursement Obligation, Term Loan on the date that such sum is due, (b) any interest on any Term Loan or on any Reimbursement Obligation or within five days after the date such sum is due, (c) any scheduled fee, cost, charge or sum due hereunder or under the any other Credit Documents, Documents within three five days after of the date that such sum is due, or (cd) any other fee, cost, charge or other sum due under this Agreement or the other Credit Documents within five 30 days after written notice that such sum is due and has not been paiddue.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreementthe relevant Financing Document, (ai) any principal on any Loan, or of the Loan Facilities (including any Reimbursement Obligation, mandatory prepayments payable hereunder) on the date that such sum is due, (bii) any interest or fee on any of the Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, Facilities within three five (5) days after the date that such sum is due, due or (ciii) any other fee, cost, charge or other sum due under this Agreement such Financing Document within five ten (10) days after the date Borrower receives written notice that such sum is due and has not been paiddue.

Appears in 1 contract

Samples: Credit Agreement (AppHarvest, Inc.)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, Agreement (a) any principal on any Loan, or any Reimbursement Obligation, Loan on the date that such sum is due, due or (b) any interest on any Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, amount payable hereinafter within three [***] days after the date that such sum is due, or (c) any other fee, cost, charge or other sum due under this Agreement within five days after written notice that such sum is due and has not been paid.

Appears in 1 contract

Samples: Lender Agreement (Bloom Energy Corp)

Failure to Make Payments. Borrower shall fail to pay, in accordance with the terms of this Agreement, (ai) any payments of principal on any required under Section 2.1(c) or mandatory prepayments payable under Section 2.1(g)(ii), with respect to the Term Loan, or any Reimbursement Obligation, on the date that such sum is due, in each case within two (b2) any interest on any Loan or on any Reimbursement Obligation or any scheduled fee, cost, charge or sum due hereunder or under the other Credit Documents, within three days Business Days after the date that such sum is due, or (cii) any interest on the Term Loan, or any other fee, cost, charge or other sum due under this Agreement Agreement, within five three (3) days after written notice the date that such sum is due and has not been paiddue.

Appears in 1 contract

Samples: Loan Agreement (Solarcity Corp)

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