Common use of Notice to the Lenders of the Company’s Default Clause in Contracts

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of the Financial Closing, the GOP shall not seek to terminate this Agreement as the result of any default of the Company without first giving a copy of any notices required to be given to the Company under Section 14.2 to the Lenders. The Lenders shall be entitled to cure any such default within the cure period specified in Section 14.2(b), such cure period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) Lender, the Lenders will designate in writing to the GOP in the acknowledgement contemplated by Section 11.2(f) an agent (the “Agent”), and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (a) when presented personally to the Lender or the Agent, (b) when transmitted by facsimile to the number specified in accordance with the procedure set forth below, or (c) five (5) days after being deposited in a regularly maintained receptacle for the postal service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender at the address indicated in the acknowledgement contemplated by Section 11.2(f) (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender or the Agent. Notwithstanding the foregoing, if the address of the Lender or Agent is outside Pakistan, any notice delivered to the Lender or Agent pursuant to this Section 14.4 shall be sent by international courier or facsimile, and if sent by facsimile, confirmed by international courier. The address and facsimile number for Lender or Agent shall be provided to the GOP by the Company in the acknowledgement contemplated by Section 11.2(f) and thereafter may be changed by the Lender or the Agent by subsequent delivery of a notice to the GOP at the address or facsimile number for the GOP provided in Section 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lender or the Agent in accordance with this Section 14.4) and otherwise in accordance with the requirements of Section 18.1(a).

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of the Financial Closing, the GOP shall not seek to terminate this Agreement as the result of any default of the Company without first giving a copy of any notices required to be given to the Company under Section 14.2 to the Lenders. The Lenders shall be entitled to cure any such default within the cure period specified in Section 14.2(b), such cure period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) LenderXxxxxx, the Lenders will designate in writing to the GOP in the acknowledgement contemplated by Section 11.2(f) an agent (the “Agent”), and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (a) when presented personally to the Lender or the Agent, (b) when transmitted by facsimile to the number specified in accordance with the procedure set forth below, or (c) five (5) days after being deposited in a regularly maintained receptacle for the postal service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender at the address indicated in the acknowledgement contemplated by Section 11.2(f) (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender or the Agent. Notwithstanding the foregoing, if the address of the Lender or Agent is outside Pakistan, any notice delivered to the Lender or Agent pursuant to this Section 14.4 shall be sent by international courier or facsimile, and if sent by facsimilexxxxxxxxx, confirmed by international courier. The address and facsimile number for Lender or Agent shall be provided to the GOP by the Company in the acknowledgement contemplated by Section 11.2(f) and thereafter may be changed by the Lender or the Agent by subsequent delivery of a notice to the GOP at the address or facsimile number for the GOP provided in Section 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lender or the Agent in accordance with this Section 14.4) and otherwise in accordance with the requirements of Section 18.1(a).

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of Financial Closing the Financial Closing, the GOP Power Purchaser shall not seek to terminate this Agreement (other than pursuant to Sections 16.1(a)(i) or 16.1(j)) as the result of any default of the Company without first giving a copy of any notices required to be given to the Company under Section 14.2 Sections 16.2 and 16.3 to the Lenders. The , such notice to specify to the Lenders shall be entitled to cure any the period for curing such default within the cure period specified in Section 14.2(b16.3(b) (the “Initial Cure Period”), such cure which period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) Lender, the The Lenders will designate in writing to the GOP in the acknowledgement contemplated by Section 11.2(f) Power Purchaser an agent (the “Agent”), ) and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (ai) when presented personally to the Lender Lenders or the Agent, (bii) when transmitted by the Power Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (ciii) five (5) days Days after being deposited in a regularly maintained receptacle for the postal service Postal Service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender Lenders at the address indicated in notified to the acknowledgement contemplated by Section 11.2(fPower Purchaser within five (5) Business Days following Financial Closing (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 16.5 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender Lenders or the Agent. Notwithstanding the foregoing, if If the address of the Lender Lenders or Agent is outside Pakistan, any notice delivered to the Lender Lenders or the Agent pursuant to this Section 14.4 16.5 shall be presented personally or sent by international courier or facsimile, and if sent by facsimile, confirmed by international courier, and the Initial Cure Period shall commence upon receipt by the Lenders or the Agent of the notice referenced above. The address and facsimile number for Lender or the Agent shall be provided to the GOP Power Purchaser by the Company in the acknowledgement contemplated by Section 11.2(fwithin five (5) Business Days following Financial Closing and thereafter may be changed by the Lender Lenders or the Agent by subsequent delivery of a notice to the GOP Power Purchaser at the address or facsimile number for the GOP Power Purchaser provided in Section 18.1(a) 19.1 (or at such other address or facsimile number subsequently delivered to the Lender Lenders or the Agent in accordance with this Section 14.416.5) and otherwise in accordance with the requirements of Section 18.1(a)19.1.

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of the Financial Closing, the GOP shall not seek to terminate this Agreement as the result of any default of the Company without first giving a copy of any notices required to be given to the Company under Section 14.2 to the Lenders. The Lenders shall be entitled to cure any such default within the cure period specified in Section 14.2(b), such cure period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) Lender, the Lenders will designate in writing to the GOP in the acknowledgement contemplated by Section 11.2(f) an agent (the ““ Agent”), and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (a) when presented personally to the Lender or the Agent, (b) when transmitted by facsimile to the number specified in accordance with the procedure set forth below, or (c) five (5) days after being deposited in a regularly maintained receptacle for the postal service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender at the address indicated in the acknowledgement contemplated by Section 11.2(f) (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender or the Agent. Notwithstanding the foregoing, if the address of the Lender or Agent is outside Pakistan, any notice delivered to the Lender or Agent pursuant to this Section 14.4 shall be sent by international courier or facsimile, and if sent by facsimile, confirmed by international courier. The address and facsimile number for Lender or Agent shall be provided to the GOP by the Company in the acknowledgement contemplated by Section 11.2(f) and thereafter may be changed by the Lender or the Agent by subsequent delivery of a notice to the GOP at the address or facsimile number for the GOP provided in Section 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lender or the Agent in accordance with this Section 14.4) and otherwise in accordance with the requirements of Section 18.1(a).

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of the Financial Closing, the GOP shall not seek to terminate this Agreement as the result of any default of the Company without first giving a copy of any notices required to be given to the Company under Section 14.2 to the Lenders. The Lenders shall be entitled to cure or procure the cure of any such default within the cure period specified in Section 14.2(b), such cure period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) Lender, the Lenders will designate in writing to the GOP in the acknowledgement contemplated by Section 11.2(f) an agent (the ““ Agent”), and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (a) when presented personally to the Lender or the Agent, (b) when transmitted by facsimile to the number specified in accordance with the procedure set forth below, or (c) five (5) days after being deposited in a regularly maintained receptacle for the postal service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender at the address indicated in the acknowledgement contemplated by Section 11.2(f) (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender or the Agent. Notwithstanding the foregoing, if the address of the Lender or Agent is outside Pakistan, any notice delivered to the Lender or Agent pursuant to this Section 14.4 shall be sent by international courier or facsimile, and if sent by facsimile, confirmed by international courier. The address and facsimile number for Lender or Agent shall be provided to the GOP by the Company in the acknowledgement contemplated by Section 11.2(f) and thereafter may be changed by the Lender or the Agent by subsequent delivery of a notice to the GOP at the address or facsimile number for the GOP provided in Section 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lender or the Agent in accordance with this Section 14.4) and otherwise in accordance with the requirements of Section 18.1(a).

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of the Financial Closing, the GOP AJ&K/Provincial Government shall not seek to terminate this Agreement as the result of any default Company Event of the Company Default without first giving a copy of any notices required to be given to the Company under Section 14.2 11.2 to the Lenders. The Lenders shall be entitled and giving the Lenders the opportunity to cure any such default Company Event of Default within the cure period specified in Section 14.2(b11.2(b), such which cure period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) Lender, the Lenders will designate in writing to the GOP AJ&K/Provincial Government in the acknowledgement contemplated by Section 11.2(f9.2(f) an agent (the “Agent”), and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (a) when presented personally to the Lender or the Agent, (b) when transmitted by facsimile to the number specified in accordance with the procedure set forth below, or (c) five (5) days Days after being deposited in a regularly maintained receptacle for the postal service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender at the address indicated in the acknowledgement contemplated by Section 11.2(f9.2(f) (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 11.3 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender or the Agent. Notwithstanding the foregoing, if the address of the Lender or Agent is outside Pakistan, any notice delivered to the Lender or Agent pursuant to this Section 14.4 11.3 shall be sent by international courier or facsimile, and if sent by facsimile, confirmed by international courier. The address and facsimile number for Lender or Agent shall be provided to the GOP AJ&K/Provincial Government by the Company in the acknowledgement contemplated by Section 11.2(f9.2(f) and thereafter may be changed by the Lender or the Agent by subsequent delivery of a notice to the GOP AJ&K/Provincial Government at the address or facsimile number for the GOP AJ&K/Provincial Government provided in Section 18.1(a14.1(a) (or at such other address or facsimile number subsequently delivered to the Lender or the Agent in accordance with this Section 14.411.3) and otherwise in accordance with the requirements of Section 18.1(a14.1(a).

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of the Financial Closing, the GOP shall not seek to terminate this Agreement as the result of any default of the Company without first giving a copy of any notices required to be given to the Company under Section 14.2 to the Lenders. The Lenders shall be entitled to cure any such default within the cure period specified in Section 14.2(b), such cure period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) LenderXxxxxx, the Lenders will designate in writing to the GOP in the acknowledgement contemplated by Section 11.2(f) an agent (the ““ Agent”), and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (a) when presented personally to the Lender or the Agent, (b) when transmitted by facsimile to the number specified in accordance with the procedure set forth below, or (c) five (5) days after being deposited in a regularly maintained receptacle for the postal service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender at the address indicated in the acknowledgement contemplated by Section 11.2(f) (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender or the Agent. Notwithstanding the foregoing, if the address of the Lender or Agent is outside Pakistan, any notice delivered to the Lender or Agent pursuant to this Section 14.4 shall be sent by international courier or facsimile, and if sent by facsimile, confirmed by international courier. The address and facsimile number for Lender or Agent shall be provided to the GOP by the Company in the acknowledgement contemplated by Section 11.2(f) and thereafter may be changed by the Lender or the Agent by subsequent delivery of a notice to the GOP at the address or facsimile number for the GOP provided in Section 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lender or the Agent in accordance with this Section 14.4) and otherwise in accordance with the requirements of Section 18.1(a).

Notice to the Lenders of the Company’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of the Financial Closing, the GOP shall not seek to terminate this Agreement as the result of any default of the Company without first giving a copy of any notices required to be given to the Company under Section 14.2 to the Lenders. The Lenders shall be entitled to cure or procure the cure of any such default within the cure period specified in Section 14.2(b), such cure period shall commence upon delivery of each such notice to the Lenders. If there is more than one (1) LenderXxxxxx, the Lenders will designate in writing to the GOP in the acknowledgement contemplated by Section 11.2(f) an agent (the ““ Agent”), and any notice required hereunder shall be delivered to such Agent, such notice to be effective upon delivery to the Agent as if delivered to each of the Lenders. Each such notice shall be in writing and shall be deemed to have been delivered (a) when presented personally to the Lender or the Agent, (b) when transmitted by facsimile to the number specified in accordance with the procedure set forth below, or (c) five (5) days after being deposited in a regularly maintained receptacle for the postal service in Pakistan, postage prepaid, registered or certified, return receipt requested, addressed to the Lender at the address indicated in the acknowledgement contemplated by Section 11.2(f) (or such other address or to the Agent at such address as the Lenders may have specified by written notice delivered in accordance herewith). Any notice given by facsimile under this Section 14.4 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the Lender or the Agent. Notwithstanding the foregoing, if the address of the Lender or Agent is outside Pakistan, any notice delivered to the Lender or Agent pursuant to this Section 14.4 shall be sent by international courier or facsimile, and if sent by facsimile, confirmed by international courier. The address and facsimile number for Lender or Agent shall be provided to the GOP by the Company in the acknowledgement contemplated by Section 11.2(f) and thereafter may be changed by the Lender or the Agent by subsequent delivery of a notice to the GOP at the address or facsimile number for the GOP provided in Section 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lender or the Agent in accordance with this Section 14.4) and otherwise in accordance with the requirements of Section 18.1(a).