Failure to Meet Cash Calls. A Participant that fails to meet cash calls in the amount and at the times specified in section 12.2 shall deemed to be in default of its obligations under this Agreement and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to two percentage points over the Prime Rate, but in no event shall the rate of interest exceed the maximum permitted by law. The non-defaulting Participant shall have those rights, remedies and elections specified in section 8.4.
Failure to Meet Cash Calls. A Participant that fails to meet cash calls in the amount and at the times specified in Section 10.2 shall be in default, and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to two (2) percentage points over the Prime Rate, but in no event shall the rate of interest exceed the maximum permitted by Law. Such interest shall accrue to the benefit of and be payable to the non-defaulting Participant, but shall not be deemed as amounts contributed by the non-defaulting Participant in the event dilution occurs in accordance with Article VI. In addition to any other rights and remedies available to it by Law, the non-defaulting Participant shall have those other rights, remedies, and elections specified in Sections 10.4 and 10.5.
Failure to Meet Cash Calls. A Participant that fails to meet cash calls in the amount and at the times specified in Section 9.2 shall be in default, and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to five (5) percentage points over the Prime Rate, but in no event shall the rate of interest exceed the maximum permitted by Law. Such interest shall accrue to the benefit of and be payable to the non-defaulting Participant, but shall not be deemed as amounts contributed by the non-defaulting Participant in the event dilution occurs in accordance with Article 5. In addition to any other rights and remedies available to it by Law, the non-defaulting Participant shall have those other rights, remedies, and elections specified in Sections 9.4 and 9.5.
Failure to Meet Cash Calls. A Participant that fails to meet cash calls in the amount and at the times specified in Section 9.9 shall be in default, and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to five (5) percentage points over the Prime Rate or the maximum interest rate permitted by law, if less than this. “Prime Rate” means the annual percentage rate in effect from time to time for demand, commercial loans quoted by CITIBANK, N.A. at its main branch in New York City, New York, U.S.A. to its most credit-worthy customers. Such interest shall accrue to the benefit of and be payable to the non-defaulting Participant, but shall not be deemed as amounts contributed by the non-defaulting Participant in the event dilution occurs in accordance with Article 6. The non-defaulting Participant shall have those rights, remedies and elections specified in Section 6.3, as well as any other rights and remedies available to it by Law.
Failure to Meet Cash Calls. A Member that fails to meet cash calls in the amount and at the times specified in Section 11.2 shall be in default, and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to two (2) percentage points over the Prime Rate, but in no event shall the rate of interest exceed the maximum permitted by Law. Such interest shall accrue to the benefit of and be payable to the non-defaulting Member, but shall not be deemed as amounts contributed by the defaulting Member in the event dilution occurs in accordance with Section 4.2.3. In addition to any other rights and remedies available to it by Law, the non-defaulting Member shall have those other rights, remedies, and elections specified in Sections 11.4 and 11.5.
Failure to Meet Cash Calls. A Participant that fails to meet cash calls in the amount and at the times specified in SECTION 10.2 shall be in default, and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to three (3) percentage points over the Prime Rate, but in no event shall the rate of interest exceed the maximum permitted by Law. Such interest shall accrue to the benefit of and be payable to the non-defaulting Participant, but shall not be deemed as amounts contributed by the non-defaulting Participant in the event dilution occurs in accordance with ARTICLE VI. In addition to any other rights and remedies available to it by Law, the non-defaulting Participant shall have those other rights, remedies, and elections specified in SECTIONS 10.4 and 10.5.
Failure to Meet Cash Calls. A Member that fails to meet cash calls in the amount and at the times specified in Section 11.2 shall be in default, and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to the Interest Rate, but in no event shall said rate of interest exceed the maximum permitted by Law. The non-defaulting Member shall have those other rights and remedies specified in Section 4.2. TSVLP shall not be in default hereunder with respect to any cash call for which TSHI is obligated to provide an Elected Loan under Section 4.1.
Failure to Meet Cash Calls. A Participant that fails to meet cash calls in the amount and at the time specified in Section 8.2 shall be in default, and the amounts of the defaulted cash call shall bear interest at an annual rate equal to three percentage points over the Prime Rate, from the date due through the date payment is made by the defaulting Participant to the Joint Account of the Venture, but in no event shall said rate of interest exceed the maximum permitted by law. To the extent that a non-defaulting Participant(s) makes an advance on behalf of a defaulting Participant, the foregoing sentence shall not apply and the parties’ respective rights shall be governed by Section 5.6, 6.3. and 6.4.
Failure to Meet Cash Calls. If Hecla Ventures fails to meet cash calls in the amount and at the times specified in Section 9.4(b) shall be in default, and the amounts of the defaulted cash call shall bear interest from the date due at an annual rate equal to the Prime Rate plus 5%, but in no event shall said rate of interest exceed the maximum permitted by law, nor be included as part of Earn-in Activities.
Failure to Meet Cash Calls. Subject to Section 8.5, a Member who fails to make capital contributions in the amounts and at the times specified in Section 9.2 shall be in default, and the non-defaulting Member shall have those rights, remedies and elections set forth in Section 5.4.
