Common use of Producer Events of Default Clause in Contracts

Producer Events of Default. The following shall constitute events of default on the part of Producer (each, a “Producer Event of Default”) under this Agreement: (a) Producer fails to pay any amount that is due to Cargill under this Agreement that is not excused by this Agreement, and (i) Cargill provides written notice to Producer of such failure, and (ii) Producer fails to pay to Cargill such past-due amount (plus all accrued interest) within 30 days of Producer’s receipt of Cargill’s written notice; (b) three or more incidents of willful misconduct by Producer, or any of Producer’s employees, agents or representatives in the performance of or in connection with Producer’s obligations hereunder occur in any 12 month period and Cargill provides Producer with written notice of each such incident, or any on incident of willful misconduct by Producer occurs where (i) such willful misconduct has a Material Adverse Effect on Cargill or the Grain Facility, and (ii) such willful misconduct is done under the direction of, with the knowledge of, or otherwise sanctioned by an officer of Producer; (c) Producer procures or purchases Corn or Alternative Commodity for ethanol production at the Ethanol Facility from any entity or person other than Cargill, except as permitted hereunder; (d) Producer files a voluntary petition in bankruptcy, has filed against it an involuntary petition in bankruptcy, makes an assignment for the benefit of creditors, has a trustee or receiver appointed for any or all of its assets, is insolvent or fails or is unable to pay its debts generally when due, in each case where such petition, appointment or insolvency is not dismissed, discharged or remedied, as applicable, within sixty (60) days; (e) Producer sells, leases, assigns or otherwise transfers the Ethanol Facility or any rights in the Principal Documents or the Grain Facility Lease to a third party other than as permitted in this Agreement or any other agreement to which Cargill and Producer are parties; (f) The Grain Facility Lease expires or is terminated for any reason whatsoever attributable to Producer; or (g) Producer fails to comply with any final and binding arbitration award rendered pursuant to Section 6 of the Master Agreement.

Producer Events of Default. 18.1 The following events shall constitute be events of default on by the part of Producer (each, each a “Producer Event of Default”) under ), provided, however, that no such event shall be a Producer Event of Default if it is caused in whole or material part by a breach by the Purchaser of, or a default by the Purchaser under, this AgreementAgreement (including any Purchaser Event of Default), or if it occurs as a result of a Force Majeure Event: (a) the failure of the Producer fails to pay any amount that is due to Cargill under this Agreement that is achieve the Commercial Operations Date not excused by this Agreement, and later than two hundred (i200) Cargill provides written notice to Producer of such failure, and (ii) Producer fails to pay to Cargill such past-due amount (plus all accrued interest) within 30 days of Producer’s receipt of Cargill’s written noticeDays after the Effective Date; (b) three or more incidents following the Commercial Operations Date, an Abandonment by the Producer without the prior written consent of willful misconduct by Producer, or any the Purchaser and which continues for a period of Producer’s employees, agents or representatives in the performance of or in connection with Producer’s obligations hereunder occur in any 12 month period and Cargill provides Producer with written notice of each such incident, or any on incident of willful misconduct by Producer occurs where thirty (i30) such willful misconduct has a Material Adverse Effect on Cargill or the Grain Facility, and (ii) such willful misconduct is done under the direction of, with the knowledge of, or otherwise sanctioned by an officer of Producerconsecutive Days; (c) any breach by the Producer procures of its obligations under Article 23 (Assignment) or purchases Corn or Alternative Commodity for ethanol production at Article 11.12 (Availability of the Ethanol Facility from any entity or person other than Cargill, except as permitted hereunderGenerator); (d) Producer files a voluntary petition in bankruptcy, has filed against it an involuntary petition in bankruptcy, makes an assignment except for the benefit purpose of creditorsamalgamation or reconstruction that does not affect the ability of the amalgamated or reconstructed entity, has as the case may be, to perform its obligations under this Agreement, the occurrence of any of the following events: (i) any proceeding being validly instituted under the Kosovo Legislation for the dissolution of the Producer that is not stayed or suspended in ninety (90) Days; (ii) the passing of a trustee resolution for the dissolution or receiver appointed for any or all winding up of its assets, is insolvent or fails or is unable to pay its debts generally when due, in each case where such the Producer; (iii) the voluntary filing by the Producer of a winding up petition, or a request for a moratorium on debt payments or other similar relief (iv) the appointment of a provisional liquidator in a proceeding for the winding up of the Producer after notice to the Producer and due hearing, which appointment has not been set aside or insolvency stayed within ninety (90) Days of such appointment; or (v) the making by a court with jurisdiction over the Producer of an order winding up the Producer which order is not dismissed, discharged stayed or remedied, as applicable, reversed by a court of competent jurisdiction within sixty ninety (6090) daysDays; (e) any statement, representation or warranty by the Producer sells, leases, assigns or otherwise transfers the Ethanol Facility or any rights in the Principal Documents or the Grain Facility Lease to a third party other than as permitted in this Agreement proving to have been incorrect, in any material respect, when made or any other agreement when reaffirmed and such incorrect statement, representation or warranty having a material adverse effect on the Producer‟s ability to which Cargill and Producer are partiesperform its obligations under this Agreement or having a material adverse effect on the rights or obligations of the Purchaser under this Agreement; (f) The Grain Facility Lease expires any material breach or material default by the Producer of this Agreement (other than any breach or default referred to in the other sub-Articles of this Article 18), including any material breach or default in the performance of its obligation to act in accordance with Prudent Utility Practices, which is terminated for any reason whatsoever attributable to Producernot remedied within thirty (30) Days after notice from the Purchaser, stating that a material breach or default under of this Agreement has occurred and is continuing and identifying the material breach or default in question in reasonable detail; or (g) tampering on three (3) or more separate occasions by the Producer fails to comply or its contractors or their employees acting in the course of their employment with any final and binding arbitration award rendered pursuant to Section 6 of the Master AgreementMetering System.

Producer Events of Default. The following shall constitute events of default on the part of Producer (each, a “Producer Event of Default”) under this Agreement: (a) Producer fails to pay any amount that is due to Cargill under this Agreement that is not excused by this Agreement, and (i) Cargill provides written notice to Producer of such failure, and (ii) Producer fails to pay to Cargill such past-due amount (plus all accrued interest) within 30 days of Producer’s receipt of Cargill’s Xxxxxxx’x written notice; (b) three or more incidents of willful misconduct by Producer, or any of Producer’s employees, agents or representatives in the performance of or in connection with Producer’s obligations hereunder occur in any 12 month period and Cargill provides Producer with written notice of each such incident, or any on incident of willful misconduct by Producer occurs where (i) such willful misconduct has a Material Adverse Effect on Cargill or the Grain Facility, and (ii) such willful misconduct is done under the direction of, with the knowledge of, or otherwise sanctioned by an officer of Producer; (c) Producer procures or purchases Corn or Alternative Commodity for ethanol production at the Ethanol Facility from any entity or person other than Cargill, except as permitted hereunder; (d) Producer files a voluntary petition in bankruptcy, has filed against it an involuntary petition in bankruptcy, makes an assignment for the benefit of creditors, has a trustee or receiver appointed for any or all of its assets, is insolvent or fails or is unable to pay its debts generally when due, in each case where such petition, appointment or insolvency is not dismissed, discharged or remedied, as applicable, within sixty (60) days; (e) Producer sells, leases, assigns or otherwise transfers the Ethanol Facility or any rights in the Principal Documents or the Grain Facility Lease to a third party other than as permitted in this Agreement or any other agreement to which Cargill and Producer are parties; (f) The Grain Facility Lease expires or is terminated for any reason whatsoever attributable to Producer; or (g) Producer fails to comply with any final and binding arbitration award rendered pursuant to Section 6 of the Master Agreement.

Producer Events of Default. The Each of the following shall constitute events an event of default on the part of by Producer (each, each such event being a “Producer Event of Default”) under this Agreement:): (ai) the failure by Producer fails to pay make any amount that is payment of any sum due to Cargill under this Agreement SSS hereunder within fifteen (15) Days after receipt of written notice from SSS that such payment is overdue, which notice shall specify the payment failure in reasonable detail; (ii) the appointment of a custodian, receiver, trustee, or liquidator of Producer, or of all or substantially all of the assets of Producer, in any proceeding brought by Producer, as applicable, or the appointment of any such custodian, receiver, trustee, or liquidator in any proceeding brought against Producer that is not excused discharged within ninety (90) Days after such appointment, or if Producer consents to or acquiesces in such appointment; (iii) the misrepresentation of a material fact as of the Execution Date by Producer’s representations and warranties in this Agreement, and such misrepresentation has a material adverse effect on SSS and such effect is not cured within forty-five (i45) Cargill provides Days from notice from SSS, which notice shall specify the misrepresentation in reasonable detail; provided, however, that if Producer commences taking appropriate actions to cure such misrepresentation within such forty-five (45) Day period, and thereafter diligently continues to cure such misrepresentation, the cure period shall extend for an additional ninety (90) Days; and (iv) the failure by Producer in any respect in the observance or performance of any other material covenant of Producer contained herein that Producer has not cured within thirty (30) Days after written notice from SSS specifying the failure in reasonable detail and demanding that the same be remedied; provided, however, that if Producer commences taking appropriate actions to Producer of cure such failure within such thirty (30) Day period, and thereafter diligently continues to cure such failure, and the cure period shall extend for an additional ninety (ii90) Days; provided, however, that no such event shall be a Producer fails to pay to Cargill such past-due amount Event of Default if it is caused in whole or material part by: (plus all accrued interestv) within 30 days a breach by SSS of Producer’s receipt or a default by SSS under this Agreement (including any SSS Event of Cargill’s written noticeDefault); (bvi) three or more incidents of willful misconduct by Producer, or any of Producer’s employees, agents or representatives a Force Majeure Event (except in the performance case of or in connection with Producer’s obligations hereunder occur in any 12 month period and Cargill provides Producer with written notice of each such incident, or any on incident of willful misconduct by Producer occurs where (i) such willful misconduct has a Material Adverse Effect on Cargill or the Grain Facility, and (ii) such willful misconduct is done under the direction of, with the knowledge of, or otherwise sanctioned by an officer of Producer; (c) Producer procures or purchases Corn or Alternative Commodity for ethanol production at the Ethanol Facility from any entity or person other than Cargill, except as permitted hereunder; (d) Producer files a voluntary petition in bankruptcy, has filed against it an involuntary petition in bankruptcy, makes an assignment for the benefit of creditors, has a trustee or receiver appointed for any or all of its assets, is insolvent or fails or is unable to pay its debts generally when due, in each case where such petition, appointment or insolvency is not dismissed, discharged or remedied, as applicable, within sixty (60) days; (e) Producer sells, leases, assigns or otherwise transfers the Ethanol Facility or any rights in the Principal Documents or the Grain Facility Lease to a third party other than as permitted in this Agreement or any other agreement to which Cargill and Producer are parties; (f) The Grain Facility Lease expires or is terminated for any reason whatsoever attributable to Producer; or (g) Producer fails to comply with any final and binding arbitration award rendered pursuant to Section 6 of the Master Agreement20.1(i)).

Producer Events of Default. The Each of the following shall constitute events an event of default on the part of by Producer (each, each such event being a “Producer Event of Default”) under this Agreement:): (ai) the failure by Producer fails to pay make any amount that is payment of any sum due to Cargill under this Agreement SSS hereunder within fifteen (15) Days after receipt of written notice from SSS that such payment is overdue, which notice shall specify the payment failure in reasonable detail; (ii) the appointment of a custodian, receiver, trustee, or liquidator of Producer, or of all or substantially all of the assets of Producer, in any proceeding brought by Producer, as applicable, or the appointment of any such custodian, receiver, trustee, or liquidator in any proceeding brought against Producer that is not excused discharged within ninety (90) Days after such appointment, or if Producer consents to or acquiesces in such appointment; (iii) the misrepresentation of a material fact as of the Execution Date by Producer’s representations and warranties in this Agreement, and such misrepresentation has a material adverse effect on SSS and such effect is not cured within forty-five (i45) Cargill provides Days from notice from SSS, which notice shall specify the misrepresentation in reasonable detail; provided, however, that if Producer commences taking appropriate actions to cure such misrepresentation within such forty-five (45) Day period, and thereafter diligently continues to cure such misrepresentation, the cure period shall extend for an additional ninety (90) Days; and (iv) the failure by Producer in any respect in the observance or performance of any other material covenant of Producer contained herein that Producer has not cured within thirty (30) Days after written notice from SSS specifying the failure in reasonable detail and demanding that the same be remedied; provided, however, that if Producer commences taking appropriate actions to Producer of cure such failure within such thirty (30) Day period, and thereafter diligently continues to cure such failure, and the cure period shall extend for an additional ninety (ii90) Days; provided, however, that no such event shall be a Producer fails to pay to Cargill such past-due amount Event of Default if it is caused in whole or material part by: (plus all accrued interestv) within 30 days a breach by SSS of Producer’s receipt or a default by SSS under this Agreement (including any SSS Event of Cargill’s written noticeDefault); (bvi) three or more incidents of willful misconduct by Producer, or any of Producer’s employees, agents or representatives a Force Majeure Event (except in the performance case of or Section 20.1(i)). *** Certain information in connection with Producer’s obligations hereunder occur in any 12 month period this document has been omitted and Cargill provides Producer with written notice of each such incident, or any on incident of willful misconduct by Producer occurs where (i) such willful misconduct has a Material Adverse Effect on Cargill or the Grain Facility, and (ii) such willful misconduct is done under the direction of, filed separately with the knowledge of, or otherwise sanctioned by an officer of Producer; (c) Producer procures or purchases Corn or Alternative Commodity for ethanol production at Securities and Exchange Commission. Confidential treatment has been requested with respect to the Ethanol Facility from any entity or person other than Cargill, except as permitted hereunder; (d) Producer files a voluntary petition in bankruptcy, has filed against it an involuntary petition in bankruptcy, makes an assignment for the benefit of creditors, has a trustee or receiver appointed for any or all of its assets, is insolvent or fails or is unable to pay its debts generally when due, in each case where such petition, appointment or insolvency is not dismissed, discharged or remedied, as applicable, within sixty (60) days; (e) Producer sells, leases, assigns or otherwise transfers the Ethanol Facility or any rights in the Principal Documents or the Grain Facility Lease to a third party other than as permitted in this Agreement or any other agreement to which Cargill and Producer are parties; (f) The Grain Facility Lease expires or is terminated for any reason whatsoever attributable to Producer; or (g) Producer fails to comply with any final and binding arbitration award rendered pursuant to Section 6 of the Master Agreementomitted portions.