Common use of Supplier Defaults Clause in Contracts

Supplier Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Supplier hereunder (a “Supplier Event of Default”): 18.1.1 Supplier fails to pay to Buyer any payment required under this Agreement which is not in dispute, and such failure continues for ten (10) days after receipt of Written Notice of such failure; 18.1.2 Any representation or warranty of Supplier contained in this Agreement shall prove to be false or misleading at the time such representation or warranty is made and has a material adverse effect on either Party’s ability to perform its obligations hereunder, and such false or misleading representation or warranty and material adverse effect continues uncured for thirty (30) days after receipt of Written Notice from Buyer; 18.1.3 Supplier or Supplier Parent voluntarily commences bankruptcy, insolvency, reorganization, stay, moratorium or similar debtor-relief proceedings, or shall have become insolvent or generally does not pay its debts as they become due, or admits in writing its inability to pay its debts, or makes an assignment for the benefit of creditors and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; 18.1.4 Insolvency, receivership, reorganization, bankruptcy, or similar proceedings shall have been commenced against Supplier or Supplier Parent and such proceedings remain undismissed or unstayed for a period of ninety (90) days and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; 18.1.5 Supplier Parent disavows its obligations under the Supplier Parent Guaranty or Supplier fails to cause the Supplier Parent Guaranty to be maintained in full force and effect in accordance with its terms and such disavowal or failure continues for ten (10) days after receipt of Written Notice of such disavowal or failure and Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; or 18.1.6 Except as otherwise expressly provided for in this Section , Supplier is in material breach of its obligations under this Agreement (other than obligations for which liquidated damages are available therefor) and such material breach continues uncured for thirty (30) days after receipt of Written Notice from Buyer.

Supplier Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Supplier hereunder (a “Supplier Event of Default”): 18.1.1 4.1.1 Supplier fails to pay to Buyer any payment required under this Agreement which is not in dispute, and such failure continues for ten (10) days after receipt of Written Notice of such failure; 18.1.2 4.1.2 Any representation or warranty of Supplier contained in this Agreement shall prove to be false or misleading at the time such representation or warranty is made and has a material adverse effect on either Party’s ability to perform its obligations hereunder, and such false or misleading representation or warranty and material adverse effect continues continue uncured for thirty (30) days after receipt of Written Notice from Buyer; 18.1.3 4.1.3 Supplier or Supplier Parent voluntarily commences bankruptcy, insolvency, reorganization, stay, moratorium or similar debtor-relief proceedings, proceedings or shall have become insolvent or generally does not pay its debts as they become due, or admits in writing its inability to pay its debts, or makes an assignment for the benefit of creditors and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guarantyguarantee, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; 18.1.4 4.1.4 Insolvency, receivership, reorganization, bankruptcy, or similar proceedings shall have been commenced against Supplier or Supplier Parent and such proceedings remain undismissed or unstayed for a period of ninety (90) days and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guarantyguarantee, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; 18.1.5 4.1.5 Supplier Parent disavows its obligations under the Supplier Parent Guaranty or Supplier fails to cause the Supplier Parent Guaranty to be maintained in full force and effect in accordance with its terms and such disavowal or failure continues for ten (10) days after receipt of Written Notice of such disavowal or failure and Supplier has not delivered to Buyer another guarantyguarantee, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; or; 18.1.6 4.1.6 Except as otherwise expressly provided for in this Section , Supplier is in material breach of its obligations under this Agreement (other than Supplier’s obligations for which liquidated damages are available thereforunder Section 2.4 and Exhibit B and Section 2.12 and Exhibit I) and such material breach continues uncured for thirty (30) days after receipt of Written Notice from Buyer; or 4.1.7 A default in respect of Supplier shall have occurred and be continuing beyond the applicable cure period therefor under the Wind Turbine Supply Agreement or the Service Agreement.

Supplier Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Supplier hereunder (a “Supplier Event of Default”): 18.1.1 10.1.1 Supplier fails to pay to Buyer any payment required under this Agreement which is not in dispute, and such failure continues for ten (10) days after receipt of Written Notice of such failure; 18.1.2 10.1.2 Any representation or warranty of Supplier contained in this Agreement shall prove to be false or misleading at the time such representation or warranty is made and has a material adverse effect on either Party’s ability to perform its obligations hereunder, and such false or misleading representation or warranty and material adverse effect continues continue uncured for thirty (30) days after receipt of Written Notice from Buyer; 18.1.3 10.1.3 Supplier or Supplier Parent voluntarily commences bankruptcy, insolvency, reorganization, stay, moratorium or similar debtor-relief proceedings, proceedings or shall have become insolvent or generally does not pay its debts as they become due, or admits in writing its inability to pay its debts, or makes an assignment for the benefit of creditors and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; 18.1.4 10.1.4 Insolvency, receivership, reorganization, bankruptcy, or similar proceedings shall have been commenced against Supplier or Supplier Parent and such proceedings remain undismissed or unstayed for a period of ninety (90) days days, and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; 18.1.5 10.1.5 Supplier Parent disavows its obligations under the Supplier Parent Guaranty or Supplier fails to cause the Supplier Parent Guaranty to be maintained in full force and effect in accordance with its terms and such disavowal or failure continues for ten (10) days after receipt of Written Notice of such disavowal or failure and Supplier has not delivered to Buyer another guarantyguarantee, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier Parent Guaranty; or; 18.1.6 10.1.6 Except as otherwise expressly provided for in this Section 10.1, Supplier is in material breach of its obligations under this Agreement (other than obligations for which liquidated damages are available thereforunder Section 2.3 and Exhibit D hereto) and such material breach continues uncured for thirty (30) days after receipt of Written Notice from Buyer; or 10.1.7 A default in respect of Supplier shall have occurred and be continuing beyond the applicable cure period therefor under the Wind Turbine Supply Agreement or the Warranty Agreement.

Supplier Defaults. The occurrence of any one or more of the following events shall constitute an event of default by Supplier hereunder (a “Supplier Event of Default”): 18.1.1 16.1.1 Supplier fails to pay to Buyer any payment or issue any credit required under this Agreement which is not in dispute, and such failure continues for ten (10) days ____* Business Days after receipt of Written Notice written notice of such failure; 18.1.2 16.1.2 Any representation or warranty of Supplier contained in this Agreement shall prove to be false or misleading at the time such representation or warranty is made and has a material adverse effect on either Party’s ability to perform its obligations hereunder, and such false or misleading representation or warranty and material adverse effect continues uncured for thirty (30) _____* days after receipt of Written Notice written notice from Buyer; 18.1.3 16.1.3 Supplier or Supplier Parent voluntarily commences bankruptcy, insolvency, reorganization, stay, moratorium or similar debtor-relief proceedings, ; or shall have become insolvent or generally does not pay its debts as they become due, or admits in writing its inability to pay its debts, or makes an assignment Assignment for the benefit of creditors and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form reasonably acceptable to Buyer to replace the Supplier MSA Parent Guaranty; 18.1.4 16.1.4 Insolvency, receivership, reorganization, bankruptcy, or similar proceedings shall have been commenced against Supplier or Supplier Parent and such proceedings remain undismissed or unstayed for a period of ninety (90) _____* days and, with respect to Supplier Parent, Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form form, and from a Person, reasonably acceptable to Buyer to replace the Supplier MSA Parent Guaranty; 18.1.5 Supplier Parent disavows its obligations under the Supplier Parent Guaranty or 16.1.5 Supplier fails to cause the Supplier MSA Parent Guaranty to be maintained in full force and effect in accordance with its terms and such disavowal or failure continues for ten (10) _____* days after receipt of Written Notice written notice of such disavowal or failure and Supplier has not delivered to Buyer another guaranty, bank bond or a letter of credit in a form form, and from a Person, reasonably acceptable to Buyer to replace the Supplier MSA Parent Guaranty; 16.1.6 Any Assignment by Supplier not in conformity with Section 19.3; or 18.1.6 16.1.7 Except as otherwise expressly provided for in this Section 16.1, Supplier is in material breach of its obligations under this Agreement (other than obligations for which liquidated damages are available therefor) and such material breach continues uncured for thirty (30) _____* days after receipt of Written Notice written notice from Buyer.