Purchaser Events of Default. 19.1 The following events shall be events of default by the Purchaser (each a “Purchaser Event of Default”); provided, however, that no such event shall be a Purchaser Event of Default if it is caused in whole or material part by a breach by the Producer of, or a default by the Producer under, this Agreement (including any Producer Event of Default), or if it occurs as a result of a Force Majeure Event:
(a) the Purchaser‟s failure to pay any amount due from it under the provisions of Article 8 of this Agreement by the Due and Payable Date for the relevant invoice or to make any other payment when required to be made, in each case, that is not remedied within thirty-five (35) Days following notice from the Producer to the Purchaser stating that a payment default has occurred and is continuing and describing such payment default in reasonable detail;
(b) except for the purpose of amalgamation or reconstruction that does not affect the ability of the amalgamated or reconstructed entity, 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 Purchaser that is not stayed or suspended within ninety (90) Days;
(ii) the passing of a resolution for the dissolution or winding up of the Purchaser;
(iii) the voluntary filing by the Purchaser of a winding up petition;
(iv) the appointment of a provisional liquidator in a proceeding for the winding up of the Purchaser after notice to the Purchaser and due hearing, which appointment has not been set aside or stayed within ninety (90) Days of such appointment; or
(v) the making by a court with jurisdiction over the Purchaser of an order winding up the Purchaser that is not stayed or reversed by a court of competent jurisdiction within ninety (90) Days;
(c) any statement, representation or warranty made by the Purchaser in this Agreement proving to have been incorrect, in any material respect, when made or when reaffirmed and such incorrect statement, representation or warranty having a material adverse effect on the Purchaser‟s ability to perform its obligations under this Agreement or having a material adverse effect on the rights or obligations of the Producer hereunder;
(d) any material breach or material default by the Purchaser of this Agreement (other than any breach or default referred to in the other sub-Articles of this Article 19) which is not remedied w...
Purchaser Events of Default. Each of the following shall constitute an “Event of Default” by Purchaser:
Purchaser Events of Default. Each of the following events or circumstances constitutes an event of default by the Purchaser (each, a “Purchaser Event of Default”):
(a) the Purchaser is in breach or default of any of its covenants or obligations set forth in this Agreement in any material respect, and such breach or default is not remedied within a period of 30 days following delivery by the Seller to the Purchaser of written notice of such breach or default, or such longer period of time as the Seller may determine in its sole discretion; or
(b) any of the representations or warranties given by the Purchaser is inaccurate in any material respect as of the date given, and such inaccuracy is not remedied within a period of 30 days following delivery by the Seller to the Purchaser of written notice of such inaccuracy, or such longer period of time as the Seller may determine in its sole discretion.
Purchaser Events of Default. Each of the following events shall be events of default by the Purchaser (each a "Purchaser Event of Default"), which, if not cured within the time permitted (if any) under Clause 19.3, shall give rise to the right on the part of the Seller to terminate this Agreement pursuant to Clause 19.3.3:
19.2.1 [except for the purpose of amalgamation, reorganization or reconstruction (provided that such amalgamation, reorganization or reconstruction does not affect the ability of the amalgamated, reorganized or reconstructed entity, as the case may be, to perform its obligations under this Agreement), the occurrence of any of the following events:
19.2.1.1 the passing of a resolution by the shareholders of the Purchaser for the winding up of the Purchaser;
19.2.1.2 the admission in writing by the Purchaser of its inability generally to pay its debts as they become due;
19.2.1.3 the appointment of a provisional manager, trustee, liquidator or similar person in a winding up proceeding after notice to the Purchaser and due hearing; or
19.2.1.4 the making by any court with competent jurisdiction over the Purchaser of an order winding up the Purchaser;]
19.2.2 any failure by the Purchaser to make any payment or payments required to be made by it under this Agreement within one hundred and eighty (180) Days after the Purchaser is given notice that the payment was not made by the due date for payment;
19.2.3 the assignment or transfer of this Agreement or an assignment, transfer or acquisition in breach of Clause 21.1 of this Agreement; or
19.2.4 any [material] breach by the Purchaser of this Agreement, which breach has a [material and] adverse impact on the Seller; provided, however, that a breach which, with the passing of time or the fulfilment of any other condition specified in Clauses 19.2.1 to 19.2.3 above, would constitute an event or circumstance falling within any such clause shall not be a the Purchaser Event of Default under this Clause 19.2.4, except that none of the events described above in Clauses 19.2.1 - 19.2.4 (inclusive) shall be a Purchaser Event of Default hereunder if (i) it results from a breach by the Seller of this Agreement; or (ii) if it occurs as a result of a Force Majeure for the period provided pursuant to Clause 17.3
Purchaser Events of Default. The occurrence of any one or more of the following shall constitute an Event of Default of Purchaser (“Purchaser Event of Default”):
(a) The failure by Purchaser to perform any material obligations under this Agreement, unless such failure is caused by a Force Majeure Event or Seller Event of Default; provided, however, such failure continues for ninety (90) Business Days (or such additional reasonable period of time if the claimed default cannot be substantially cured through reasonable efforts) after Seller shall have given Notice demanding that such failure to perform be cured; or
(b) Failure of Purchaser to pay undisputed amounts due and owing to Seller under this Agreement in accordance with the applicable timeframes specified in this Agreement; provided, however, Seller shall have given Notice of any such non-payment to Purchaser after the due date and at least thirty
Purchaser Events of Default. Each of the following events or circumstances constitutes an event of default by a Purchaser (each, a “Purchaser Event of Default”):
(A) the Purchaser fails to pay any portion of the Prepayment Amount to the Seller in accordance with this Agreement where all of the applicable conditions in Clause 3.3, have been satisfied or waived (any such unpaid portion of the Prepayment Amount, the “Unpaid Prepayment Amount”) and such breach is not remedied within a period of [***] following the due date for payment of such amount;
(B) the Purchaser fails to pay any amount due under this Agreement (other than the Unpaid Prepayment Amount) and such breach is not remedied within a period of [***] following the due date for payment of such amount;
(C) the Purchaser becomes a Sanctioned Person or Sanctioned Entity; and
(D) the Purchaser makes any representation or warranty under any Stream Document which is, in any material respect (or in any respect in the case of representations and warranties that are qualified by materiality), incorrect or incomplete when made or deemed to be made and, if capable of remedy, the circumstances giving rise to such incorrectness or incompleteness are not remedied within a period of [***] after the earlier of (1) delivery by the Seller to the Purchaser of written notice of such breach or default, and (2) the date the Purchaser became aware of such breach or default.
Purchaser Events of Default. The occurrence of any one or more of the following shall constitute an Event of Default of Purchaser (“Purchaser Event of Default”):
a. The failure by Purchaser to perform any material obligations under this Agreement, unless such failure is caused by a Force Majeure Event or Seller Event of Default; provided, however, such failure continues for [fifteen (15)] Business Days after Seller shall have given Notice demanding that such failure to perform be cured; or
b. Failure of Purchaser to pay undisputed amounts due and owing to Seller under this Agreement in accordance with the applicable timeframes specified in this Agreement; provided, however, Seller shall have given Notice of any such non- payment to Purchaser after the due date and at least [thirty (30)] Business Days before Seller exercises its rights under this Section 12.2(b).
Purchaser Events of Default. Each of the following events or circumstances constitutes an event of default by the Purchaser (each, a “Purchaser Event of Default”):
(a) a Purchaser fails to pay a portion of the Deposit in accordance with Article 3 within (3) three Business Days of receipt of notice from the Seller notifying such Purchaser of such default (a “Deposit Default”);
(b) a Purchaser fails to pay for Payable Gold delivered to the Purchaser in accordance with Section 2.4 within (3) three Business Days of receipt of notice from the Seller notifying such Purchaser of such default (a “Purchaser Payment Default”);
(c) a Purchaser is in breach or default of any of its covenants or obligations set forth in this Agreement in any material respect (other than a breach or default of the covenants or obligations referenced in Sections 12.1(a) or (b) above), and such breach or default is not remedied within a period of 30 days following delivery by the Seller to such Purchaser of written notice of such breach or default, or such longer period of time as the Seller may determine in its sole discretion; or
(d) any of the representations or warranties given by a Purchaser is inaccurate in any material respect as of the date given, and such inaccuracy is not remedied within a period of 30 days following delivery by the Seller to such Purchaser of written notice of such inaccuracy, or such longer period of time as the Seller may determine in its sole discretion.
Purchaser Events of Default. Each of the following events or circumstances constitutes an event of default by the Purchaser (each, a “Purchaser Event of Default”):
(a) the Purchaser fails to pay for Finished Cobalt Delivered to the Purchaser in accordance with Section 2.5 within 10 Business Days of receipt of written notice from the Seller notifying the Purchaser of such default (the “Payment Default Notice”);
(b) any of the representations or warranties given by the Purchaser is inaccurate in any material respect (or in any respect in the case of representations and warranties that are qualified by materiality) as of the date given, and such inaccuracy is not remedied within a period of 30 days following delivery by the Seller to the Purchaser of written notice of such inaccuracy, or such longer period of time as the Seller may determine in its sole discretion; and
(c) the Purchaser is in breach of Section 16.13(c).
Purchaser Events of Default. Each of the following events or circumstances constitutes an event of default by the Purchaser (each, a “Purchaser Event of Default”):
