Grantee Default. Any of the following constitutes a default by Grantee under this Agreement:
(i) Any false or misleading representation is made by or on behalf of Grantee or sub-grantee, in this Agreement or in any document provided by Grantee to Agency related to the Grant Funds or the Project;
(ii) Grantee fails to cure any performance as provided in Section 12.c;
(iii) Grantee fails to perform any other obligation required under this Agreement; or
(iv) If and to the extent allowed by law, Grantee initiates or consents to a proceeding or case, or a proceeding or case is commenced without the application or consent of Grantee, seeking: (A) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of Grantee, (B) the appointment of a trustee, receiver, custodian, liquidator, or the like of Grantee or of all or any substantial part of its assets, or (C) similar relief in respect to Grantee under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty
Grantee Default. Grantee will be in default under this Agreement if:
a) Grantee fails to use the Grant Funds for the intended purpose described in Exhibit A or otherwise fails to perform, observe, or discharge any of its obligations under this Agreement; or
b) any representation, warranty, or statement made by Grantee in this Agreement, or any documents relied upon by SoS to measure Grantee’s use of Grant Funds is untrue in any material respect when made; or
Grantee Default. Any of the following constitutes an “Event of Default” of Grantee or Successor Grantee, as applicable:
(1) Any false or misleading representation is made by or on behalf of Grantee or Successor Grantee, in this Agreement or in any document provided by Grantee or Successor Grantee to DAS related to this Grant or the Project or in regard to compliance with the requirements of section 103 and sections 141 through 150 of the Code.
(2) Grantee or Successor Grantee fails to perform any obligation required under this Agreement, other than those referred to in subsection A.(1) of this Section 9, and that failure continues for a period of 30 calendar days after written notice specifying such failure is given to Grantee or Successor Grantee by DAS, or such longer period as DAS may agree to in writing, if DAS determines Grantee or Successor Grantee has instituted and is diligently pursuing corrective action. DRAFT
(3) If and to the extent allowed by law, Grantee or Successor Grantee (after Project has transferred to Successor Grantee) initiates or consents to a proceeding or case, or a proceeding or case is commenced without the application or consent of Grantee or Successor Grantee, seeking: (i) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of Grantee or Successor Grantee, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of Grantee or Successor Grantee or of all or any substantial part of its assets, or (iii) similar relief in respect to Grantee or Successor Grantee under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty (60) consecutive days, or an order for relief against Grantee or Successor Grantee is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).
Grantee Default. 9.4.1. It shall be a default of Grantee (“Grantee Default”) hereunder if Grantee fails to: (i) pay Rent, and all other amounts due to Grantor under this Sublease, on the date due and such failure shall remain uncured for a period of 10 Business Days after Grantor notifies Grantee in writing of such failure; (ii) perform or observe any non-monetary obligation of Grantee under this Sublease not described in (iii) or (iv) below within the period provided for such performance, and if no express period for performance is provided, then within thirty (30) days from the date Grantee receives written notice thereof from Grantor which written notice shall set forth in reasonable detail the nature and extent of the failure and identifying the applicable Sublease provision requiring such obligation to be performed; provided, however, that Grantee shall not have committed a Grantee Default if such failure is of a type and nature that cannot reasonably be cured within such 30-day period, so long as Grantee promptly commences the curing of such failure within such 30-day period and thereafter diligently pursue the curing of such failure but no later than 90 days from the date of the notice; (iii) any sublease or assignment not permitted by Section 10 shall occur; or (iv) Grantee abandons the Sublease Premises. It is specifically understood and agreed that any failure to take any action that might be deemed to violate the Anti-Deficiency Acts or any failure to obtain a certification of the availability of appropriated funds in accordance with Section 27.1 shall not constitute a Grantee Default. Upon the occurrence of a Grantee Default, Grantor, in its sole discretion may seek: (i) in the case of any other Grantee Default, all remedies available at law or equity. (ii) in accordance with Section 27.1, any deficiency in Rent or other financial obligation of Grantee shall not exceed the amount of appropriated funds actually available at the time of the occurrence of the Grantee Default.
9.4.2. If Grantor shall institute proceedings against Grantee and a compromise or settlement thereof shall be made, then the same shall not constitute a waiver of the same or of any other covenant, condition or agreement set forth herein, nor of any of Grantor’s rights hereunder unless expressly agreed by Xxxxxxx and Xxxxxxx. Neither the payment by Grantee of a lesser amount than the monthly installment of Rent due hereunder (or any other financial obligation), nor any endorsement or statemen...
Grantee Default. Any of the following constitutes an “Event of Default” of Grantee:
(1) Any false or misleading representation is made by or on behalf of Grantee, in this Agreement or in any document provided by Grantee to DAS related to this Grant or the Project or in regard to compliance with the requirements of section 103 and sections 141 through 150 of the Code.
(2) Grantee fails to perform any obligation required under this Agreement, other than those referred to in subsection A(1) of this Section 7, and that failure continues for a period of 30 calendar days after written notice specifying such failure is given to Grantee by DAS, or such longer period as DAS may agree to in writing, if DAS determines Grantee has instituted and is diligently pursuing corrective action.
Grantee Default. Any of the following constitutes an “Event of Default” of Grantee:
(1) Any false or misleading representation is made by or on behalf of Grantee, in this Agreement or in any document provided by Grantee to DAS related to this Grant or the Project.
(2) Grantee fails to perform any obligation required under this Agreement, other than those referred to in subsection A(1) of this Section 7, and that failure continues for a period of 30 calendar days after written notice specifying such failure is given to Grantee by DAS, or such longer period as DAS may agree to in writing, if DAS determines Grantee has instituted and is diligently pursuing corrective action.
(3) If and to the extent allowed by law, Grantee initiates or consents to a proceeding or case, or a proceeding or case is commenced without the application or consent of Grantee, seeking: (i) the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of Grantee, (ii) the appointment of a trustee, receiver, custodian, liquidator, or the like of Grantee or of all or any substantial part of its assets, or (iii) similar relief in respect to Grantee under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order, judgment, or decree approving or ordering any of the foregoing is entered and continues unstayed and in effect for a period of sixty (60) consecutive days, or an order for relief against Grantee is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect).
Grantee Default. Grantee will be in default under this Agreement upon the occurrence of any of the following events:
17.1 Grantee fails to perform, observe, or discharge any of its covenants, agreements, or obligations under this Agreement, including but not limited to failure to perform Grant Activities or satisfy performance measures as set forth in Exhibit A and such failure is not remedied within thirty (30) days following notice from Agency to Grantee specifying such failure; or
17.2 Any representation, warranty or statement made by Grantee in this Agreement or in any documents or reports submitted by Grantee in connection with this Agreement, concerning the expenditure of Grant Funds or Grantee’s performance of any of its obligations under this Agreement, is untrue in any material respect when made; or
17.3 Grantee fails to incur expenses, or to satisfy performance measures, at a rate or in a manner that would result in complete expenditure of the Grant Funds in accordance with this Agreement, on or before June 30, 2027, or successful completion of all performance measures under this Agreement, on or before June 30, 2025, as determined by Agency in its sole discretion.
Grantee Default. If there is a default as defined in this Section 13, IHDA, at its sole discretion, may require Grantee to reimburse IHDA the full amount of Grantee’s CBRAP Grant plus reasonable fees, cost, and expenses, including but not limited to, attorney’s fees. Upon Default, IHDA reserves all rights and remedies available at law or equity. No delay by IHDA in exercising its rights or remedies shall be deemed a waiver of any of its rights or remedies. Grantee is in “Default” if Grantee or any individual residing in the Rental Unit:
(a) breaches any of the terms and conditions of this Grant Agreement;
(b) fails to perform any of Grantee’s obligations under this Grant Agreement or any other document in connection with CBRAP, including, but not limited to the CBRAP Grant application;
Grantee Default. If there is a default, Grantee promises to pay IHDA the amount of Xxxxxxx’s CBRAP Grant Award, with the CBRAP Grant bearing no interest, upon demand and at IHDA’s address listed above. Grantee will be in “Default” if: (a) Grantee is in breach any of the terms and conditions of, or fails to perform any of Xxxxxxx’s obligations under this Grant Agreement, the Act, or any other documents I have delivered in connection with the CBRAP, including, but not limited to a breach of any of my promises, certifications or representations made this Grant Agreement, or (b) I commit fraud under or in connection with any document related to the CBRAP. IF I AM IN DEFAULT, IHDA MAY REQUIRE ME TO IMMEDIATELY PAY THE FULL AMOUNT OF THE CBRAP GRANT AWARD, PLUS REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES. Upon a Default, IHDA may exercise any rights or remedies as may be available under any of the CBRAP documents, at law or in equity. No waiver of any default or failure to exercise or delay in exercising any rights or remedies by IHDA shall be deemed to be a waiver of any other default, a subsequent default or of any rights or remedies. Grantee will be in Default if Grantee or any other person residing in the Rental Unit are a person identified by the US Attorney General to be a participant or conspirator in any terrorist action.
Grantee Default
