Termination for an Insolvency Event. 32.1 Subject to clause 32.2 (Termination for an Insolvency Event), and without limiting any other rights or remedies ARENA may have arising out of or in connection with this Agreement, ARENA may, to the extent permitted by Law, terminate this Agreement by notice if an Insolvency Event occurs with respect to the Recipient. 32.2 Where an Insolvency Event occurs with respect to the Recipient, ARENA may, at its discretion, request the Recipient to nominate in writing to ARENA (within 10 Business Days of ARENA’s request) a suitably qualified and experienced party to perform the remaining obligations of the Recipient under this Agreement. 32.3 Where the Recipient provides a nomination in accordance with clause 32.2 (Termination for an Insolvency Event), ARENA must, within 10 Business Days, approve or reject the party nominated by the Recipient under clause 32.2 (Termination for an Insolvency Event). 32.4 Where ARENA approves the party nominated by the Recipient under clause 32.3 (Termination for an Insolvency Event), the parties will work cooperatively to facilitate the transfer of this Agreement and the Project to the nominated party. 32.5 Where the Recipient does not provide a nomination to ARENA, or ARENA rejects the party nominated by the Recipient, ARENA may, to the extent permitted by Law, terminate this Agreement by notice.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Termination for an Insolvency Event. 32.1 28.1 Subject to clause 32.2 (Termination for an Insolvency Event)28.2, and without limiting any other rights or remedies ARENA may have arising out of or in connection with this Agreement, ARENA may, to the extent permitted by Law, terminate this Agreement by notice if an Insolvency Event occurs with respect to the Recipient.
32.2 28.2 Where an Insolvency Event occurs with respect to the Recipient, ARENA may, at its discretion, request the Recipient to nominate in writing to ARENA (within 10 Business Days of ARENA’s request) a suitably qualified and experienced party to perform the remaining obligations of the Recipient under this Agreement.
32.3 28.3 Where the Recipient provides a nomination in accordance with clause 32.2 (Termination for an Insolvency Event)28.2, ARENA must, within 10 Business Days, approve or reject the party nominated by the Recipient under clause 32.2 (Termination for an Insolvency Event)28.2.
32.4 28.4 Where ARENA approves the party nominated by the Recipient under clause 32.3 (Termination for an Insolvency Event)28.3, the parties will work cooperatively to facilitate the transfer of this Agreement and the Project to the nominated party.
32.5 28.5 Where the Recipient does not provide a nomination to ARENA, or ARENA rejects the party nominated by the Recipient, ARENA may, to the extent permitted by Law, terminate this Agreement by notice.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Termination for an Insolvency Event. 32.1 Subject to clause 32.2 (Termination for an Insolvency Event)32.2, and without limiting any other rights or remedies ARENA may have arising out of or in connection with this Agreement, ARENA may, to the extent permitted by Law, terminate this Agreement by notice if an Insolvency Event occurs with respect to the Recipient.
32.2 Where an Insolvency Event occurs with respect to the Recipient, ARENA may, at its discretion, request the Recipient to nominate in writing to ARENA (within 10 Business Days of ARENA’s request) a suitably qualified and experienced party to perform the remaining obligations of the Recipient under this Agreement.
32.3 Where the Recipient provides a nomination in accordance with clause 32.2 (Termination for an Insolvency Event)32.2, ARENA must, within 10 Business Days, approve or reject the party nominated by the Recipient under clause 32.2 (Termination for an Insolvency Event)32.2.
32.4 Where ARENA approves the party nominated by the Recipient under clause 32.3 (Termination for an Insolvency Event)32.3, the parties will work cooperatively to facilitate the transfer of this Agreement and the Project to the nominated party.
32.5 Where the Recipient does not provide a nomination to ARENA, or ARENA rejects the party nominated by the Recipient, ARENA may, to the extent permitted by Law, terminate this Agreement by notice.
Appears in 3 contracts
Samples: Funding Agreement (Vast Renewables LTD), Funding Agreement, Funding Agreement
Termination for an Insolvency Event. 32.1 29.1 Subject to clause 32.2 (Termination for an Insolvency Event)29.2, and without limiting any other rights or remedies ARENA may have arising out of or in connection with this Agreement, ARENA may, to the extent permitted by Law, terminate this Agreement by notice if an Insolvency Event occurs with respect to the Recipient.
32.2 29.2 Where an Insolvency Event occurs with respect to the Recipient, ARENA may, at its discretion, request the Recipient to nominate in writing to ARENA (within 10 Business Days of ARENA’s request) a suitably qualified and experienced party to perform the remaining obligations of the Recipient under this Agreement.
32.3 29.3 Where the Recipient provides a nomination in accordance with clause 32.2 (Termination for an Insolvency Event)29.2, ARENA must, within 10 Business Days, approve or reject the party nominated by the Recipient under clause 32.2 (Termination for an Insolvency Event)29.2.
32.4 29.4 Where ARENA approves the party nominated by the Recipient under clause 32.3 (Termination for an Insolvency Event)29.3, the parties will work cooperatively to facilitate the transfer of this Agreement and the Project to the nominated party.
32.5 29.5 Where the Recipient does not provide a nomination to ARENA, or ARENA rejects the party nominated by the Recipient, ARENA may, to the extent permitted by Law, terminate this Agreement by notice.
Appears in 1 contract
Samples: Funding Agreement