Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

Breach of Agreement provision of Section 5(a)(ii) will not apply to BSFP or Counterparty.

Breach of Agreement means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under §00-000-000, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach.

Examples of Breach of Agreement in a sentence

Section 5(a)(ii) (Breach of Agreement) will not apply to Party A or Party B.
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of Breach of Agreement to the other Party.
Sections 5(a)(ii) (Breach of Agreement), 5(a)(iv) (Misrepresentation), 5(a)(v) (Default under Specified Transaction), 5(a)(vi) (Cross Defaults), 5(a)(vii)(9) and 5(a)(viii) (Merger without Assumption) shall not apply in respect of either party.
In the event of a Breach of Agreement, the aggrieved Party shall give written notice of breach to the other Party.
Sections 5(a)(ii) (Breach of Agreement; Repudiation of Agreement), 5(a)(iv) (Misrepresentation), 5(a)(v) (Default under Specified Transaction), 5(a)(vi) (Cross-Default), 5(a)(vii)(9) and 5(a)(viii) (Merger without Assumption) shall not apply in respect of either party.

More Definitions of Breach of Agreement

Breach of Agreement provisions of Section 5(a)(ii) will not apply to Party B.

Breach of Agreement provisions of Section 5(a)(ii) will apply to Xxxxxx and will not apply to the Counterparty.

Breach of Agreement means the failure of a Party to perform any of its obligations in accordance with this Agreement, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Grantee is debarred or suspended under§24-109-105, C.R.S. at any time during the term of this Agreement, then such debarment or suspension shall constitute a breach.

Breach of Agreement provision of Section 5(a)(ii) will not apply to BNY or Counterparty.

Breach of Agreement provisions of Section 5(a)(ii), the "Misrepresentation" provisions of Section 5(a)(iv), the "Default under Specified Transaction" provisions of Section 5(a)(v), the "Cross Default" provisions of Section 5(a)(vi), the "Merger Without Assumption" provisions of Section 5(a)(viii), the "Tax Event" provisions of Section 5(b)(ii), "Tax Event Upon Merger" provisions of Section 5(b)(iii), and the "Credit Event Upon Merger" provisions of Section 5(b)(iv) will not apply to Party A and will not apply to Party B. Solely with respect to payments required to be made by Party A relating to the Rapid Accumulation Period, the word "third" in the final line of Section 5(a)(i) shall be replaced with "12:00 noon New York City time of the first". (d) The "Automatic Early Termination" provisions of Section 6(a) will not apply to Party A and will not apply to Party B.

Breach of Agreement provision of Section 5(a)(ii) will not apply to DBAG or Counterparty.

Breach of Agreement provisions of Section 5(a)(ii), the "Misrepresentation" provisions of Section 5(a)(iv), the "Default under Specified Transaction" provisions of Section 5(a)(v) and the "Tax Event" and "Tax Event Upon Merger" provisions of Sections 5(b)(ii) and 5(b)(iii) and the "Credit Event Upon Merger" provisions of Section 5(b)(iv) will not apply to Party A or to Party B.