Investor Default. At all times when an Event of Default has occurred and is continuing, if any applicable Investor is delinquent funding a Capital Call or otherwise in breach of any of its obligations to any Borrower, then such Borrower shall exercise its available remedies as to such Investor (other than the delivery of a defaulted payment notice) only with the written consent of Administrative Agent.
Investor Default. At all times when an Event of Default has occurred and is continuing and any Investor has failed to fund any Capital Contribution when due or otherwise defaulted on any of its obligations to any Credit Party, then such Credit Party shall exercise its available remedies as to such Investor only with the written consent of the Administrative Agent, at the direction of the Required Lenders.
Investor Default. At all times when a Fund Group Event of Default has occurred and is continuing with respect to any Credit Party’s Fund Group and any Investor of such Fund Group has failed to fund any Capital Contribution to such Fund Group when due or otherwise defaulted on any of its obligations to any Credit Party in such Fund Group, then such Credit Party shall exercise its available remedies as to such Investor only with the written consent of the Administrative Agent, at the direction of the Required Lenders.
Investor Default. To the extent the Borrower has outstanding Obligations under this Credit Agreement or any other Loan Document, in the event that any Investor fails to fund any Capital Contribution pursuant to a Capital Call when due or otherwise defaults on any of its obligations to any Borrower, then during the continuance of an Event of Default, such Borrower shall exercise any discretion it may have with respect to its available remedies as to such Investor only with the written consent of the Administrative Agent, at the direction of the Required Lenders.
Investor Default. At all times when an Event of Default has occurred and is continuing and any Investor has failed to fund any Capital Contribution when due, then the applicable Borrower or Feeder Fund shall exercise its available remedies as to such Investor only with the written consent of the Administrative Bank, at the direction of the Required Lenders.
Investor Default. After the occurrence and during the continuance of an Event of Default, in the event that the Investor fails to fund any capital contribution pursuant to a Capital Call when due (after giving effect to any applicable grace period) or otherwise defaults in any material respect on any of its material obligations to any Fund, the applicable Fund and/or General Partner may exercise any discretion it may have with respect to its available remedies only with the written consent of the Administrative Agent (such consent not to be unreasonably withheld, delayed or conditioned).
Investor Default. If Investor defaults in the observance or performance of its covenants and obligations hereunder, and such default continues for the greater of five (5) Business Days after the date of receipt of written notice from Existing Members demanding cure of such default, or the expiration of other applicable cure periods set forth in this Agreement, Existing Members shall be entitled, as its sole and exclusive remedy hereunder (except with respect to any right, obligation or liability which survives Closing or termination of this Agreement, including the indemnification obligation of Investor set forth in Paragraph 4.3), to Terminate this Agreement by written notice to Investor of such termination and to receive payment of the Deposit as full liquidated damages for such default of Investor the parties hereto acknowledging the difficulty of ascertaining the actual damages in the event of such a default, that it is impossible more precisely to estimate the damages to be suffered by Existing Members upon Investor’s default, that such forfeiture of the Deposit is intended not as a penalty, but as full liquidated damages and that such amount constitutes a reasonable good faith estimate of the potential damages arising therefrom, it being otherwise difficult or impossible to estimate Existing Members’ actual damages which would be suffered by Existing Members in the event of default by Investor. Except with respect to any right, obligation or liability which survives Closing or termination of this Agreement, including the indemnification obligation of Investor set forth in Paragraph 4.3, Existing Members’ right to Terminate this Agreement and receive payment of the Deposit as full liquidated damages, are Existing Members’ sole and exclusive remedies in the event of default hereunder by Investor, and Existing Members hereby waive, relinquish and release any and all other rights and remedies (except any that survive termination pursuant to the express provisions of this Agreement), including, but not limited to: (1) any right to xxx Investor or its affiliates for damages or to prove that Existing Members’ actual damages exceed the Deposit which is hereby provided Existing Members as full liquidated damages, (2) any right to xxx Investor for specific performance, or (3) any other right or remedy which Existing Members may otherwise have against Investor or its affiliates, either at law, or equity or otherwise.
Investor Default. If the Investor fails to fund (or cause to be funded) any Installment in full when due under Section 1.3 (a “Default”) and that Default continues for 20 days, then the amount unfunded will accrue a late fee from the date it was due (i.e., without giving effect to the 20-day grace period) until the date it is funded in full at a rate equal to ***% per annum (or, if such rate is not permitted by applicable Law, such lower rate that is the highest rate permitted by applicable Law). If the Default continues for 60 days, then all of the Investor’s rights (but not obligations) under Section 1.6 and Articles 7, 8 and 9 will be suspended without any other further action until the unfunded amount then due shall have been received in full by the Company Parties unless those rights have otherwise terminated pursuant to this Agreement.
Investor Default. 11.1 If (i) the Investor shall default in its obligation to pay the balance of the Investor Capital Contribution or shall default in the performance of any of its other material obligations to be performed on the Closing Date, or (ii) Investor shall default in the performance of any of its other material obligations to be performed prior to the Closing Date and, with respect to any default under clause (ii) only, such default shall continue for five (5) Business Days after written notice to the Investor, the parties hereto agree that the Company’s sole remedy shall be to terminate this Agreement, in which event Escrow Agent shall deliver the One Million Two Hundred Ninety Thousand Dollars ($1,290,000) of the Deposit (the “Non-Refundable Deposit”) to Company as liquidated damages, it being expressly understood and agreed that in the event of Investor’s default, the Company’s damages would be impossible to ascertain and that the Deposit constitutes a fair and reasonable amount of compensation in such event, and shall deliver the remaining balance of the Deposit to the Investor. Upon such termination, neither party to this Agreement shall have any further rights or obligations hereunder except that: (a) the Investor shall return to the Company all written material relating to the Property or the transaction contemplated herein delivered by or on behalf of the Company or Members; (b) Escrow Agent shall deliver the Non-Refundable Deposit to the Company as liquidated damages, it being expressly understood and agreed that in the event of the Investor’s default, the Company’s damages would be impossible to ascertain and that the Deposit constitutes a fair and reasonable amount of compensation in such event, except with respect to any breaches of Surviving Obligations (as hereinafter defined);(c) the Surviving Obligations shall survive and continue to bind Investor and the Company and (d) the Company shall deliver the remaining balance of the Deposit to the Investor.
Investor Default. After the Closing Date, at any time (such time being referred to as a “determination time”), either (i) three (3) or more non-affiliated Investors of Aggregator Fund included in the Borrowing Base having Capital Commitments constituting twelve percent (12%) or greater of the aggregate Capital Commitments of all Investors of Aggregator Fund included in the Borrowing Base continue to be in default at such determination time on their respective obligations to pay Capital Calls if such payments had not been made within thirty (30) days of the dates the respective corresponding Capital Calls were due (following the expiration of any applicable notice or cure period under the relevant Operating Agreement in respect thereof) or (ii) Investors of Aggregator Fund having Capital Commitments constituting twenty percent (20%) or greater of the aggregate Capital Commitments of all Investors of Aggregator Fund continue to be in default at such determination time on their respective obligations to pay Capital Calls if such payments had not been made within thirty (30) days of the dates the respective corresponding Capital Calls were due (following the expiration of any applicable notice or cure period under the relevant Operating Agreement in respect thereof).
