Common use of Failure to Pay Clause in Contracts

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten (10) Business Days after Seller receives written notice from Buyer of each such failure;

Appears in 6 contracts

Samples: Purchase Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

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Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten five (105) Business Days after Seller Buyer receives written notice from Buyer of each such failure;; or

Appears in 5 contracts

Samples: Purchase Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten (10) Business Days days after Seller receives written notice from Buyer of each such failure;

Appears in 5 contracts

Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten (10) Business Days after Seller Buyer receives written notice from Buyer of each such failure;; or

Appears in 4 contracts

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten five (105) Business Days after Seller receives written notice from Buyer of each such failure;

Appears in 4 contracts

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp), Purchase Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten (10) Business Days days after Seller Buyer receives written notice from Buyer of each such failure;, except if such failure to pay is due to loan proceeds under the Credit Documents not being made available to Buyer because of action or inaction of Seller or any Affiliate; or

Appears in 4 contracts

Samples: Master Energy Server Purchase Agreement, Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten five (105) Business Days after Seller Buyer receives written notice from Buyer of each such failure;; or

Appears in 4 contracts

Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase and Services Agreement (Bloom Energy Corp), Master Energy Server Purchase and Services Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten (10) Business Days after Seller Buyer receives written notice from Buyer of each such failure;

Appears in 4 contracts

Samples: Purchase Agreement (Bloom Energy Corp), Fuel Cell System Supply and Installation Agreement (Bloom Energy Corp), Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement or the A&R MOMA and Seller’s failure to cure each such failure within ten (10) Business Days after Seller receives written notice from Buyer of each such failure;

Appears in 2 contracts

Samples: Fuel Cell System Supply and Installation Agreement (Bloom Energy Corp), Fuel Cell System Supply and Installation Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten (10) [***] Business Days after Seller receives written notice from Buyer of each such failure;

Appears in 2 contracts

Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase and Services Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten (10) Business Days [***] days after Seller Buyer receives written notice from Buyer of each such failure;, except if such failure to pay is due to loan proceeds under the Credit Documents not being made available to Buyer because of action or inaction of Seller or any Affiliate; or

Appears in 2 contracts

Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

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Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten five (105) Business Days after Seller receives written notice from Buyer of each such failure;

Appears in 2 contracts

Samples: Master Energy Server Purchase and Services Agreement (Bloom Energy Corp), Master Energy Server Purchase Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten (10) Business Days after Seller receives written notice from Buyer of each such failure;; (b)

Appears in 1 contract

Samples: Purchase Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten (10) Business Days after Seller Buyer receives written notice from Buyer of each such failure;; or (b)

Appears in 1 contract

Samples: Purchase Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller Buyer to pay any undisputed amounts owing to Buyer Seller on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and SellerBuyer’s failure to cure each such failure within ten (10) [***] Business Days after Seller Buyer receives written notice from Buyer of each such failure;; or

Appears in 1 contract

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten [***] (10[***]) Business Days after Seller receives written notice from Buyer of each such failure;

Appears in 1 contract

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten (10) Business Days [***] days after Seller receives written notice from Buyer of each such failure;

Appears in 1 contract

Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp)

Failure to Pay. The failure of Seller to pay any undisputed amounts owing to Buyer on or before the day following the date on which such amounts are due and payable under the terms of this Agreement and Seller’s failure to cure each such failure within ten (10) [***] Business Days after Seller receives written notice from Buyer of each such failure;

Appears in 1 contract

Samples: Purchase, Use and Maintenance Agreement (Bloom Energy Corp)

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