Thethe. Borrower shall fail to pay any principal of any Advance when the same becomes due and payable; or the Borrower shall fail to pay any interest on any Advance or make any other payment of fees or other amounts payable under this Agreement within five (5) Business Days after the same becomes due and payable; or
Thethe. All-In Yield applicable to the Incremental Term Loans or Incremental Revolving Loan Commitments made hereunder shall be determined by the Borrower and the Incremental Term Lenders and/or the Incremental Revolving Lenders.; provided that with respect to any Incremental Document in respect of Incremental Term Loans in the form of a broadly syndicated “term B facility” denominated in Dollars or Euros and secured by the Collateral on a
Thethe. Borrower agrees that representatives of the Borrower shall, at DOE’s request, meet with the Lender’s Engineer (and, if DOE requests, with representatives of DOE) on a mutually acceptable date (in person or telephonically) each month to discuss the most recent Replacement EPC Arrangement Monthly ReportReports and any other reports and information required to be provided pursuant to this Section 6.1(a). The Borrower shall use its commercially reasonable efforts to provide DOE and/or the Lender’s Engineer with such additional information reasonably requested by DOE and/or the Lender’s Engineer based on their review of the Monthly Construction Reports, and shall use its commercially reasonable efforts to address questions from DOE and or the Lender’s Engineer with respect to the performance of the Operator, the CCA Contractor and the Service Provider;
Thethe. Borrower shall (i) terminate or repeal the Charter, or modify or amend the Charter in a manner that is not reasonably acceptable to the Agent, (ii) remove the Independent Director from the Independent Committee or the board of directors of the Borrower without the consent of the Agent, (iii) replace the Independent Director with a replacement independent director that is not reasonably acceptable to the Agent or (iv) terminate, modify or otherwise impede the board observer rights for the benefit of the Agent (or any affiliate thereof) contemplated by the Corre/AP Term Sheet.; or
Thethe. Borrower shall default in the due performance and observance of any of its obligations under clause (e) of Section 7.01(f), Section 7.07 (with respect to the maintenance and preservation of the Parent Guarantor’s or the Borrower’sany Loan Party’s corporate existence), Section 7.08, or Article VIII.; or (d) The Borrower or the Parent Guarantorany Loan Party shall default in the due performance and observance of any agreement (other than those specified in clauses (a) through (c) above) contained herein or in any other Loan Document, and such default shall continue unremedied for a period of thirty (30) days after the earlier of: (xi) the date such default became known to a Responsible Officer of the Parent Guarantor or the Borrowera Loan Party; and (yii) delivery of notice thereof to the Parent Guarantor or Borrowera Loan Party from the Administrative Agent (which notice will be given at the request of any Lender).; or
Thethe. Borrower shall have delivered to the Administrative Agent a certificate signed by a Responsible Officer of the Borrower and a legal opinion each to the effect that such consolidation, merger or transfer complies with the provisions described in this paragraph, provided that (x) in giving such opinion such counsel may rely on such certificate of such Responsible Officer as to compliance with the foregoing clauses (ii) and (iii) of this subsection 7.3(a) and as to any matters of fact, and (y) no such legal opinion will be required for a consolidation, merger or transfer described in clause (d) of this subsection 7.3.
Thethe. Contractor's sole remedy in relation to any Compensation Event in respect of the Works at any Site that occurs prior to the applicable Longstop Date [and the Post Completion Works at any Site] shall be the operation of clause 16.5 (Effect of a Compensation Event).
87.1.3 The reference in clause 87.1.1 to "matters" shall be construed as a reference to the particular type of Loss which arises from the circumstance in question (which circumstance may include a breach by the Authority of this Agreement) and in relation to which an express right or remedy is stated in this Agreement and accordingly clause 87.1.1 shall not restrict the rights and/or remedies of the Contractor which are provided by law in respect of breach of this Agreement in respect of any other type of Loss which may arise from the same circumstance and in relation to which an express right or remedy is not stated in this Agreement.
Thethe. DNO shall not do anything (including without limitation installing, operating or modifying any telemetry facilities) which may interfere with or prevent thesuch operation by Transco NTS of block valves in accordance with paragraph 2.7.3..
Thethe. Employer acted acts in good faith compliance with the fair share fee provision of this contractAgreement; however, there shall be no indemnification of the Employer if the Employer intentionally or willfully fails to apply, except due to court order, or misapplies such fair share fee provision herein;
Thethe. Independent Certifier shall within five (5) Business Days of the issue of the relevant ICT Handover Acceptance Certificate, Acceptance Certificate [or Post Completion Works Acceptance Certificate] issue to the Contractor and the Authority a list of the relevant Snagging Items for that School (the Snagging List). Within five (5) Business Days of receipt from the Independent Certifier of the Snagging List the Contractor shall provide to the Authority and the Independent Certifier a reasonable programme for making good each Snagging Item set out in the Snagging List provided that such programme shall require that each Snagging Item shall be made good within twenty (20) Business Days of the date of provision of that programme or within such time as is reasonably practicable. and, where the Snagging List has been issued following the issue of the ICT Handover Acceptance Certificate, so that rectification of such Snagging Items does not interfere with the ICT Installer acting in accordance with clause 11.9. The Parties shall seek to agree such programme and in default of agreement shall refer the matter for determination under the Dispute Resolution Procedure. TheAny programme agreed or determined in accordance with this clause 20.7 (Snagging Items)20.8 shall be known as the Snagging Programme.; and