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

Notice to the Lenders of the Seller’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of Financial Closing the 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 Seller without first giving a copy of any notices required to be given to the Seller under Sections 16.3 and 16.4 to the Lenders, such notice to specify to the Lenders the period for curing such default specified in Section 16.3(b) (the “Initial Cure Period”), which period shall commence upon delivery of each such notice to the Lenders. The Lenders will designate in writing to the 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 (i) when presented personally to the Lenders or the Agent, (ii) when transmitted by the Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (iii) 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 Lenders at the address notified to the 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 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 Lenders or the Agent. If the address of the Lenders or Agent is outside Pakistan, any notice delivered to the Lenders or the Agent pursuant to this Section 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 the Agent shall be provided to the Purchaser by the Seller within five (5) Business Days following Financial Closing and thereafter may be changed by the Lenders or the Agent by subsequent delivery of a notice to the Purchaser at the address or facsimile number for the Purchaser provided in Section 19.1 (or at such other address or facsimile number subsequently delivered to the Lenders or the Agent in accordance with this Section 16.5) and otherwise in accordance with the requirements of Section 19.1.

Appears in 1 contract

Samples: Energy Purchase Agreement

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Notice to the Lenders of the Seller’s Default. (a) Anything a)Anything in this Agreement notwithstanding, from and after the occurrence of Financial Closing Closing, the 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 Seller without first giving a copy of any notices required to be given to the Seller under Sections 16.3 and 16.4 to the Lenders. The Lenders shall be entitled to cure, such notice subject to specify to the Lenders the period for curing Section 16.5(b), any such default within the relevant cure period specified in Section 16.3(b) (the “Initial Cure Period”), which period shall commence upon delivery of each such notice to the Lenders. The Lenders If there is more than one (1) Xxxxxx, Xxxxxxx will designate in writing to the 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 (i) when presented personally to the Lenders or the Agent, (ii) when transmitted by the Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (iii) five (5) 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 Lenders at the address notified to the 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 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 Lenders or the Agent. If Notwithstanding the foregoing if the address of the Lenders or Agent is outside Pakistan, any notice delivered to the Lenders or the Agent pursuant to this Section 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 the Agent shall be provided to the Purchaser by the Seller within five (5) Business Days following Financial Closing and thereafter may be changed by the Lenders or the Agent by subsequent delivery of a notice to the Purchaser at the address or facsimile number for the Purchaser provided in Section 19.1 (or at such other address or facsimile number subsequently delivered to the Lenders or the Agent in accordance with this Section 16.5) and otherwise in accordance with the requirements of Section 19.1.

Appears in 1 contract

Samples: Energy Purchase Agreement

Notice to the Lenders of the Seller’s Default. (a) Anything to the contrary in this Agreement notwithstanding, from and after the occurrence of Financial Closing the Purchaser Closing, neither AEDB nor GOP 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 Seller without first giving a copy of any notices required to be given to the Seller under Sections 16.3 and 16.4 Section 14.2 (Termination Notices) to the LendersLenders (or the Agent), such notice to specify be coupled with a request to the Lenders (or the Agent) to cure any such default within the period for curing such default specified in Section 16.3(b14.2(b) (the “Initial Cure Period”). The Lenders shall be entitled to cure any such default within the Initial Cure Period, which and such cure period shall commence upon delivery of each such notice to the LendersLenders (or the Agent). The If there is more than one (1) Xxxxxx, the Lenders will designate in writing to the Purchaser GOP in the Direct Agreement 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 (ia) 19 NA for private land. when presented personally to the Lenders Lender or the Agent, (iib) when transmitted by the Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (iiic) five (5) 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 Lenders Lender at the address notified indicated in the Direct Agreement contemplated by Section 11.2(l) or in the certificate issued pursuant to the Purchaser within five (5) Business Days following Financial Closing Section 18.15(e)(i), as applicable (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 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 Lenders Lender or the Agent. If Notwithstanding the foregoing, if the address of the Lenders Lender or Agent is outside Pakistan, any notice delivered to the Lenders Lender or the Agent pursuant to this Section 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 the Lender or Agent shall be provided to the Purchaser GOP by the Seller within five (5in the Direct Agreement contemplated by Section 11.2(l) Business Days following Financial Closing or in the certificate issued pursuant to Section 18.15(e)(i), as applicable, and thereafter may be changed by the Lenders Lender or the Agent by subsequent delivery of a notice to the Purchaser AEDB at the address or facsimile number for the Purchaser AEDB provided in Section 19.1 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lenders Lender or the Agent in accordance with this Section 16.514.4 (Notice to the Lenders of the Seller’s Default)) and otherwise in accordance with the requirements of Section 19.118.1(a).

Appears in 1 contract

Samples: Implementation Agreement

Notice to the Lenders of the Seller’s Default. (a) Anything to the contrary in this Agreement notwithstanding, from and after the occurrence of Financial Closing the Purchaser Closing, neither AEDB nor GOP 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 Seller without first giving a copy of any notices required to be given to the Seller under Sections 16.3 and 16.4 Section 14.2 (Termination Notices) to the LendersLenders (or the Agent), such notice to specify be coupled with a request to the Lenders (or the Agent) to cure any such default within the period for curing such default specified in Section 16.3(b14.2(b) (the “Initial Cure Period”). The Lenders shall be entitled to cure any such default within the Initial Cure Period, which and such cure period shall commence upon delivery of each such notice to the LendersLenders (or the Agent). The If there is more than one (1) Xxxxxx, the Lenders will designate in writing to the Purchaser GOP in the Direct Agreement 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 (ia) when presented personally to the Lenders Lender or the Agent, (iib) when transmitted by the Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (iiic) five (5) 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 Lenders Lender at the address notified indicated in the Direct Agreement contemplated by Section 11.2(l) or in the certificate issued pursuant to the Purchaser within five (5) Business Days following Financial Closing Section 18.15(e)(i), as applicable (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 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 Lenders Lender or the Agent. If Notwithstanding the foregoing, if the address of the Lenders Lender or Agent is outside Pakistan, any notice delivered to the Lenders Lender or the Agent pursuant to this Section 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 the Lender or Agent shall be provided to the Purchaser GOP by the Seller within five (5in the Direct Agreement contemplated by Section 11.2(l) Business Days following Financial Closing or in the certificate issued pursuant to Section 18.15(e)(i), as applicable, and thereafter may be changed by the Lenders Lender or the Agent by subsequent delivery of a notice to the Purchaser AEDB at the address or facsimile number for the Purchaser AEDB provided in Section 19.1 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lenders Lender or the Agent in accordance with this Section 16.514.4 (Notice to the Lenders of the Seller’s Default)) and otherwise in accordance with the requirements of Section 19.118.1(a).

Appears in 1 contract

Samples: Implementation Agreement

Notice to the Lenders of the Seller’s Default. (a) Anything to the contrary in this Agreement notwithstanding, from and after the occurrence of Financial Closing the Purchaser Closing, neither AEDB nor GOP 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 Seller without first giving a copy of any notices required to be given to the Seller under Sections 16.3 and 16.4 Section 14.2 (Termination Notices) to the LendersLenders (or the Agent), such notice to specify be coupled with a request to the Lenders (or the Agent) to cure any such default within the period for curing such default specified in Section 16.3(b14.2(b) (the “Initial Cure Period”). The Lenders shall be entitled to cure any such default within the Initial Cure Period, which and such cure period shall commence upon delivery of each such notice to the LendersLenders (or the Agent). The If there is more than one (1) Xxxxxx, the Lenders will designate in writing to the Purchaser GOP in the Direct Agreement 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 (ia) when presented personally to the Lenders Lender or the Agent, (iib) when transmitted by the Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (iiic) five (5) 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 Lenders Lender at the address notified to indicated in the Purchaser within five (5Direct Agreement contemplated by Section 11.2(l) 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 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 Lenders Lender or the Agent. If Notwithstanding the foregoing, if the address of the Lenders Lender or Agent is outside Pakistan, any notice delivered to the Lenders Lender or the Agent pursuant to this Section 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 the Lender or Agent shall be provided to the Purchaser GOP by the Seller within five (5in the Direct Agreement contemplated by Section 11.2(l) Business Days following Financial Closing and thereafter may be changed by the Lenders Lender or the Agent by subsequent delivery of a notice to the Purchaser AEDB at the address or facsimile number for the Purchaser AEDB provided in Section 19.1 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lenders Lender or the Agent in accordance with this Section 16.514.4 (Notice to the Lenders of the Seller’s Default)) and otherwise in accordance with the requirements of Section 19.118.1(a).

Appears in 1 contract

Samples: www.ppib.gov.pk

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Notice to the Lenders of the Seller’s Default. (a) Anything to the contrary in this Agreement notwithstanding, from and after the occurrence of Financial Closing the Purchaser Closing, neither AEDB nor GOP 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 Seller without first giving a copy of any notices required to be given to the Seller under Sections 16.3 and 16.4 Section 14.2 (Termination Notices) to the LendersLenders (or the Agent), such notice to specify be coupled with a request to the Lenders (or the Agent) to cure any such default within the period for curing such default specified in Section 16.3(b14.2(b) (the “Initial Cure Period”). The Lenders shall be entitled to cure any such default within the Initial Cure Period, which and such cure period shall commence upon delivery of each such notice to the LendersLenders (or the Agent). The If there is more than one (1) Implementation Agreement 56 Xxxxxx, the Lenders will designate in writing to the Purchaser GOP in the Direct Agreement 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 (ia) when presented personally to the Lenders Lender or the Agent, (iib) when transmitted by the Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (iiic) five (5) 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 Lenders Lender at the address notified to indicated in the Purchaser within five (5Direct Agreement contemplated by Section 11.2(l) 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 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 Lenders Lender or the Agent. If Notwithstanding the foregoing, if the address of the Lenders Lender or Agent is outside Pakistan, any notice delivered to the Lenders Lender or the Agent pursuant to this Section 16.5 14.4 (Notice to the Lenders of the Seller’s Default) 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 the Lender or Agent shall be provided to the Purchaser GOP by the Seller within five (5in the Direct Agreement contemplated by Section 11.2(l) Business Days following Financial Closing and thereafter may be changed by the Lenders Lender or the Agent by subsequent delivery of a notice to the Purchaser AEDB at the address or facsimile number for the Purchaser AEDB provided in Section 19.1 18.1(a) (or at such other address or facsimile number subsequently delivered to the Lenders Lender or the Agent in accordance with this Section 16.514.4 (Notice to the Lenders of the Seller’s Default)) and otherwise in accordance with the requirements of Section 19.118.1(a).

Appears in 1 contract

Samples: Implementation Agreement

Notice to the Lenders of the Seller’s Default. (a) Anything in this Agreement notwithstanding, from and after the occurrence of Financial Closing the Purchaser shall not seek to terminate this Agreement (other than pursuant to Sections 16.1(a)(i) or Section 16.1(j)) as the result of any default of the Seller without first giving a copy of any notices required to be given to the Seller under Sections 16.3 16.3, 16.3A and 16.4 to the Lenders. The Lenders shall be entitled to cure, such notice subject to specify to the Lenders the period for curing Section 16.5 (b), any such default within the relevant cure period specified in Section 16.3(b) and further cure period specified in Section 16.3A (the “Initial Cure Period”), which such cure period shall to commence upon delivery of each such notice to the Lenders. The If there is more than one (1) Xxxxxx, the Lenders will designate in writing to the 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 (i) when presented personally to the Lenders or the Agent, (ii) when transmitted by the Purchaser and received by the Lenders or the Agent by facsimile to the number specified in accordance with the procedure set forth below, or (iii) five (5) 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 Lenders at the address notified to the 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 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 Lenders or the Agent. If Notwithstanding the foregoing if the address of the Lenders or Agent is outside Pakistan, any notice delivered to the Lenders or the Agent pursuant to this Section 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 the Agent shall be provided to the Purchaser by the Seller within five (5) Business Days following Financial Closing and thereafter may be changed by the Lenders or the Agent by subsequent delivery of a notice to the Purchaser at the address or facsimile number for the Purchaser provided in Section 19.1 (or at such other address or facsimile number subsequently delivered to the Lenders or the Agent in accordance with this Section 16.5) and otherwise in accordance with the requirements of Section 19.1.

Appears in 1 contract

Samples: Energy Purchase Agreement

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