RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination during the Cure Period
(a) terminate or give notice terminating the Comprehensive Agreement for Developer Default or exercise any rights under Section 19.02 (other than Sections 19.02(d) and 19.02(e)) of the Comprehensive Agreement;
(b) suspend its performance (including in connection with any insolvency or bankruptcy proceeding in relation to the Developer) under the Comprehensive Agreement; or
(c) take, join in or support, whether directly or indirectly, any action for the liquidation, bankruptcy, administration, receivership, reorganization, dissolution or winding up of the Developer or for the composition or readjustment of the Developer’s debts, or any similar insolvency procedure in relation to the Developer, or for the appointment of a receiver, trustee, custodian, sequestrator, conservator, liquidator, administrator or similar official for the Developer or for any part of the Developer’s Property.
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination of the 395 Project during the Cure Period
(a) terminate or give notice terminating the 395 Project for 395 Concessionaire Breach or exercise any rights under Section 19.08 (other than Section 19.08(d)) of the Comprehensive Agreement; or
(b) suspend its performance under the Comprehensive Agreement with respect to the 395 Project.
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination during the Cure Period
(a) terminate or give notice terminating the Comprehensive Agreement for Concessionaire Default or exercise any rights under Section 19.02 (other than Sections 19.02(d) and 19.02(e)) of the Comprehensive Agreement; or
(b) take or support any action for the liquidation, bankruptcy, administration, receivership, reorganization, dissolution or winding up of the Concessionaire or for the composition or readjustment of the Concessionaire’s debts, or any similar insolvency procedure in relation to the Concessionaire, or for the appointment of a receiver, trustee, custodian, sequestrator, conservator, liquidator, administrator or similar official for the Concessionaire or for any part of the Concessionaire’s Property.
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination of the Xxxx Ex Project during the Cure Period
(a) terminate or give notice terminating the Xxxx Ex Project for Xxxx Ex Concessionaire Breach or exercise any rights under Section 19.11 of the Second ARCA; or
(b) suspend its performance under the Second ARCA with respect to the Xxxx Ex Project.
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination during the Cure Period
(a) terminate or give notice terminating the Comprehensive Agreement for Developer Default or exercise any rights under Section 19.02 (other than Sections 19.02(d) and 19.02(e)) of the Comprehensive Agreement; or
(b) take or support any action for the liquidation, bankruptcy, administration, receivership, reorganization, dissolution or winding up of the Developer or for the composition or readjustment of the Developer’s debts, or any similar insolvency procedure in relation to the Developer, or for the appointment of a receiver, trustee, custodian, sequestrator, conservator, liquidator, administrator or similar official for the Developer or for any part of the Developer’s Property.
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. 4.1 Limitation on Enterprise Actions during the Cure Period At any time during a Cure Period, the Enterprises shall not, subject to the terms of this Agreement:
(a) deliver a Termination Notice for Developer Default;
(b) directly or indirectly, take any action to initiate, or join in or support the initiation of, any Insolvency Event in respect of Developer, provided that, for certainty, if any Insolvency Event has occurred with respect to Developer (other than as a result of the Enterprises’ breach of this Section 4.1(b)), this Section 4.1(b) shall not restrict or impair the ability of the Enterprises to participate in any related proceedings in order to preserve or protect their rights under the Project Agreement and/or their interests in the Project;
(c) suspend their performance under the Project Agreement, (including in connection with any Insolvency Event in respect of Developer) unless the grounds for suspension of performance arose during the Cure Period, provided that, for certainty, the Enterprises may exercise their rights to suspend the Work pursuant to Section 23.3 of the Project Agreement;
(d) notwithstanding anything to the contrary in Section 32.2.1.d. of the Project Agreement, but subject to Section 2.3(b), exercise its remedies as obligee or additional obligee (or beneficiary) under a Contractor Bond; or
(e) fail to pay any amount that becomes due and payable from them to Developer under the Project Agreement during such period into the Designated Account in accordance with Section 2.2(a).
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination during the Cure Period
(a) terminate or give notice terminating the Project Agreement for Developer Default; or
(b) take, join in or support, whether directly or indirectly, any action for the liquidation, bankruptcy, administration, receivership, reorganization, dissolution or winding up of Developer or for the composition or readjustment of Developer’s debts, or any similar insolvency procedure in relation to Developer, or for the appointment of a receiver, trustee, custodian, sequestrator, conservator, liquidator, administrator or similar official for Developer or for any part of Developer’s Property provided, however, that, for the avoidance of doubt, if and after any of the foregoing have been commenced with respect to Developer by a Person other than the Authority, this clause (b) shall not otherwise restrict or impair the ability of the Authority to participate in any way in such liquidation, bankruptcy, administration, receivership, reorganization, dissolution or winding up of Developer or for the composition or readjustment of Developer’s debts, or any similar insolvency procedure in relation to Developer, or for the appointment of a receiver, trustee, custodian, sequestrator, conservator, liquidator, administrator or similar official for Developer or for any part of Developer’s Property.
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination during the Cure Period
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD. Section 3.01 No Termination during the Cure Period
(a) terminate or give notice terminating the Franchise Agreement for a Franchise Agreement Event of Default or exercise any rights under Section 13.2.3 or Section 13.3.4 of the Franchise Agreement; or
(b) take or support any action for the liquidation, bankruptcy, administration, receivership, reorganization, dissolution or winding up of the Franchisee or for the composition or readjustment of the Franchisee’s debts, or any similar insolvency procedure in relation to the Franchisee, or for the appointment of a receiver, trustee, custodian, sequestrator, conservator, liquidator, administrator or similar official for the Franchisee or for any part of the Franchisee’s Property.
RIGHTS AND OBLIGATIONS DURING THE CURE PERIOD
