Common use of Long Term Transmission Customers’ Event of Default Clause in Contracts

Long Term Transmission Customers’ Event of Default. The occurrence and continuation of any of the following events shall constitute a Long Term Transmission Customers’ Event of Default, unless any such Long Term Transmission Customers’ Event of Default occurs as a result of a breach by the TSP of its obligations under this Agreement, a TSP Event of Default or a Force Majeure Event: a. a Long Term Transmission Customer fails to pay (with respect to a Monthly Xxxx or Supplementary Xxxx) an amount exceeding thirty percent (30%) of the most recent undisputed Monthly Xxxx, for a period of ninety (90) days after the Due Date and the TSP is unable to recover the amount outstanding to the TSP through the Letter of Credit; or b. the Long Term Transmission Customer repudiates this Agreement and does not rectify such breach even within a period of thirty (30) days from a notice from the TSP in this regard; or c. except where due to the TSP’s failure to comply with its obligations, the Long Term Transmission Customers are in material breach of any of their obligations under this Agreement and such material breach is not rectified by the Long Term Transmission Customer within thirty (30) days of receipt of notice in this regard from the TSP to all the Long Term Transmission Customers; or d. any of the representations and warranties made by the Long Term Transmission Customers in Article 17 of this Agreement being found to be untrue or inaccurate; or e. If: i. any Long Term Transmission Customer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days; or ii. any winding up or bankruptcy or insolvency order is passed against the Long Term Transmission Customer; or iii. the Long Term Transmission Customer goes into liquidation or dissolution or a receiver or any similar officer is appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to Law, Provided that it shall not constitute a Long Term Transmission Customer Event of Default where such dissolution or liquidation of such Long Term Transmission Customer is for the purpose of a merger, consolidation or reorganization and where the resulting entity has the financial standing to perform its obligations under this Agreement, similar to such Long Term Transmission Customer and expressly assumes all obligations of such Long Term Transmission Customer under this Agreement and is in a position to perform them;

Appears in 5 contracts

Samples: Transmission Service Agreement, Transmission Service Agreement, Transmission Service Agreement

AutoNDA by SimpleDocs

Long Term Transmission Customers’ Event of Default. The occurrence and continuation of any of the following events shall constitute a Long Term Transmission Customers’ Customers‟ Event of Default, unless any such Long Term Transmission Customers’ Customers‟ Event of Default occurs as a result of a breach by the TSP of its obligations under this Agreement, a TSP Event of Default or a Force Majeure Event: a. a Long Term Transmission Customer fails to pay (with respect to a Monthly Xxxx or Supplementary Xxxx) an amount exceeding thirty percent (30%) of the most recent undisputed Monthly Xxxx, for a period of ninety (90) days after the Due Date and the TSP is unable to recover the amount outstanding to the TSP through the Letter of Credit; or b. the Long Term Transmission Customer repudiates this Agreement and does not rectify such breach even within a period of thirty (30) days from a notice from the TSP in this regard; or c. except where due to the TSP’s TSP‟s failure to comply with its obligations, the Long Term Transmission Customers are in material breach of any of their obligations under this Agreement and such material breach is not rectified by the Long Term Transmission Customer within thirty (30) days of receipt of notice in this regard from the TSP to all the Long Term Transmission Customers; or d. any of the representations and warranties made by the Long Term Transmission Customers in Article 17 of this Agreement being found to be untrue or inaccurate; or e. If: i. any Long Term Transmission Customer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days; or ii. any winding up or bankruptcy or insolvency order is passed against the Long Term Transmission Customer; or iii. the Long Term Transmission Customer goes into liquidation or dissolution or a receiver or any similar officer is appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to Law, Provided that it shall not constitute a Long Term Transmission Customer Event of Default where such dissolution or liquidation of such Long Term Transmission Customer is for the purpose of a merger, consolidation or reorganization and where the resulting entity has the financial standing to perform its obligations under this Agreement, similar to such Long Term Transmission Customer and expressly assumes all obligations of such Long Term Transmission Customer under this Agreement and is in a position to perform them;

Appears in 4 contracts

Samples: Transmission Service Agreement, Transmission Service Agreement, Transmission Service Agreement

Long Term Transmission Customers’ Event of Default. The occurrence and continuation of any of the following events shall constitute a Long Term Transmission Customers’ Event of Default, unless any such Long Term Transmission Customers’ Event of Default occurs as a result of a breach by the TSP of its obligations under this Agreement, a TSP Event of Default or a Force Majeure Event: a. a Long Term Transmission Customer fails to pay (with respect to a Monthly Xxxx Bill or Supplementary XxxxBill) an amount exceeding thirty percent (30%) of the most recent undisputed Monthly XxxxBill, for a period of ninety (90) days after the Due Date and the TSP is unable to recover the amount outstanding to the TSP through the Letter of Credit; or b. the Long Term Transmission Customer repudiates this Agreement and does not rectify such breach even within a period of thirty (30) days from a notice from the TSP in this regard; or c. except where due to the TSP’s failure to comply with its obligations, the Long Term Transmission Customers are in material breach of any of their obligations under this Agreement and such material breach is not rectified by the Long Term Transmission Customer within thirty (30) days of receipt of notice in this regard from the TSP to all the Long Term Transmission Customers; or d. any of the representations and warranties made by the Long Term Transmission Customers in Article 17 of this Agreement being found to be untrue or inaccurate; or e. If: i. any Long Term Transmission Customer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days; or ii. any winding up or bankruptcy or insolvency order is passed against the Long Term Transmission Customer; or iii. the Long Term Transmission Customer goes into liquidation or dissolution or a receiver or any similar officer is appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to Law, Provided that it shall not constitute a Long Term Transmission Customer Event of Default where such dissolution or liquidation of such Long Term Transmission Customer is for the purpose of a merger, consolidation or reorganization and where the resulting entity has the financial standing to perform its obligations under this Agreement, similar to such Long Term Transmission Customer and expressly assumes all obligations of such Long Term Transmission Customer under this Agreement and is in a position to perform them;

Appears in 1 contract

Samples: Transmission Service Agreement

AutoNDA by SimpleDocs

Long Term Transmission Customers’ Event of Default. The occurrence and continuation of any of the following events shall constitute a Long Term Transmission Customers’ Event of Default, unless any such Long Term Transmission Customers’ Event of Default occurs as a result of a breach by the TSP of its obligations under this Agreement, a TSP Event of Default or a Force Majeure Event: a. a Long Term Transmission Customer fails to pay (with respect to a Monthly Xxxx or Supplementary Xxxx) an amount exceeding thirty percent (30%) of the most recent undisputed Monthly Xxxx, for a period of ninety (90) days after the Due Date and the TSP is unable to recover the amount outstanding to the TSP through the Letter of Credit; or b. the Long Term Transmission Customer repudiates this Agreement and does not rectify such breach even within a period of thirty (30) days from a notice from the TSP in this regard; or c. except where due to the TSP’s failure to comply with its obligations, the Long Term Transmission Customers are is in material breach non-fulfilment of any of their obligations under as per the provisions of Article 4.2 of this Agreement and such material breach non-fulfilment is not rectified by the Long Term Transmission Customer within thirty (30) days of receipt of notice in this regard from the TSP to all the Long Term Transmission Customers; or d. any of the representations and warranties made by the Long Term Transmission Customers in Article 17 of this Agreement being found to be untrue or inaccurate; or e. If: i. any Long Term Transmission Customer becomes voluntarily or involuntarily the subject of any bankruptcy or insolvency or winding up proceedings and such proceedings remain uncontested for a period of thirty (30) days; or ii. any winding up or bankruptcy or insolvency order is passed against the Long Term Transmission Customer; or iii. the Long Term Transmission Customer goes into liquidation or dissolution or a receiver or any similar officer is appointed over all or substantially all of its assets or official liquidator is appointed to manage its affairs, pursuant to Law, Provided that it shall not constitute a Long Term Transmission Customer Event of Default where such dissolution or liquidation of such Long Term Transmission Customer is for the purpose of a merger, consolidation or reorganization and where the resulting entity has the financial standing to perform its obligations under this Agreement, similar to such Long Term Transmission Customer and expressly assumes all obligations of such Long Term Transmission Customer under this Agreement and is in a position to perform them;them;‌

Appears in 1 contract

Samples: Standard Implementation and Service Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!