Breaching Partner definition

Breaching Partner means a Partner that (i) has committed a failure or breach of the type described in the definition of “Default,” (ii) has received a notice of the type described in the definition of “Default,” and (iii) has not cured the failure or breach, but as to which the applicable cure period set forth in the definition of “Default” has not yet expired.
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Breaching Partner has the meaning specified in Section 14.12 hereof.
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Breaching Partner means any partner who commits a material breach of its obligations under this Agreement as defined in Clause 36.1
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Examples of Breaching Partner in a sentence

  • This Section 9.3(b) shall also apply to a Breaching Partner; but if a Breaching Partner cures its breach during the applicable cure period, then any distributions that were withheld from that Partner shall be paid to it, without interest.

  • With respect to any vote, consent or approval, the Representative(s) of any Breaching Partner or Withdrawn Partner shall be excluded from such decision (as contemplated by Section 9.3(b)), and the requirement in Section 6.2(d) above for the determination of a quorum shall be deemed to be modified appropriately.

  • Each Partner understands and acknowledges that a breach or threatened breach by a Partner (the "Breaching Partner") of any part of this Agreement could cause the Partnership and/or each of its Partners, other than the Breaching Partner, irreparable injury; damages would not adequately compensate the Partnership and/or each of its Partners for such breach or threatened breach; and damages in such event would be difficult if not impossible to determine.

  • This Section 9.03(b) shall also apply to a Breaching Partner; but if a Breaching Partner cures its breach during the applicable cure period, then any distributions that were withheld from that Partner shall be paid to it, without interest.

  • Therefore, in addition to any other remedies the Partnership and/or each of its Partners, may have at law, the Partnership and/or each of its Partners, other than the Breaching Partner, shall be entitled to the remedies of injunction, specific performance and other equitable relief, without posting any bonds, as may be available to restrain or prevent a breach or threatened breach of any of the Breaching Partner's obligations under this Agreement.

  • With respect to any vote, consent or approval, the Representative(s) of any Breaching Partner or Withdrawn Partner shall be excluded from such decision (as contemplated by Section 10.3(c)), and the requirement in Section 6.2(d) above for the determination of a quorum shall be deemed to be modified appropriately.

  • With respect to any vote, consent or approval, any Breaching Partner or Withdrawn Partner shall be excluded from such decision (as contemplated by Section 10.03(c)), and the Sharing Ratio of such Breaching Partner or Withdrawn Partner shall be disregarded in calculating the voting thresholds in Section 6.02(e)(i).

  • On or before the 30th Day following the end of each Quarter, the Management Committee shall review and determine the amount of Available Cash with respect to that Quarter, and an amount equal to 100% of Available Cash with respect to that Quarter shall be distributed in accordance with this Article 5 to the Partners (other than a Breaching Partner) in proportion to their respective Sharing Ratios (at the time the amounts of such distributions are made).

  • If such Non-breaching Partners elect to continue the business of the Venture, then the Non-breaching Partners shall have the right to acquire all of the Interests of the Breaching Partner at a purchase price equal to the lesser of book value or liquidation value of the Breaching Partner’s Interests, or such lesser amount as may be required by any Gaming Authority.

  • The waiver by the Enforcing Partner of a breach of any provision of this Section 10.3(c) or of Sections 10.3(a) or (b) hereof by the Breaching Partner shall not operate or be construed as a waiver of a breach of any other provision of this Section 10.3(c) or of Sections 10.3(a) or (b) hereof or of any subsequent breach by the Breaching Partner.


More Definitions of Breaching Partner

Breaching Partner shall have the meaning set forth in Section 10.3 hereof.
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Breaching Partner has the meaning set forth in Section 9.2(b).
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Breaching Partner means the Partner who fails to perform the contribution obligation and/or other obligations under this Agreement.
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Breaching Partner means any partner recognized as a “breaching partner” for breaching the provisions hereof.
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Breaching Partner has the meaning set forth in the definition of Material Breach.
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Breaching Partner shall have the meaning ascribed to such term as set forth in Section 7.3(b)(iii).
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Related to Breaching Partner

  • Breaching Party has the meaning set forth in Section 12.2.

  • Non-Breaching Party has the meaning set forth in Section 9.3.

  • Defaulting Partner shall have the meaning set forth in Section 9.1.

  • Defaulting Member the meaning set forth in Section 3.2(a).

  • Terminating Company Breach has the meaning specified in Section 10.01(b).

  • Cure Period means the period specified in this Agreement for curing any breach or default of any provision of this Agreement by the Party responsible for such breach or default and shall:

  • Selling Partner has the meaning set forth in Section 8.5.

  • Initiating Member shall have the meaning provided in Section 15.2(a).

  • Departing Partner means a former General Partner from and after the effective date of any withdrawal or removal of such former General Partner pursuant to Section 11.1 or 11.2.

  • Defaulting Shareholder has the meaning set out in clause 16.7;

  • Material Breach means a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure.

  • Transferring Party has the meaning given such term in Section 5.2(b).

  • Founding Member means any individual who is either:

  • Defaulting Limited Partner means a Limited Partner that has failed to pay any amount owed to the Partnership under a Partnership Loan within 15 days after demand for payment thereof is made by the Partnership.

  • Serious Breach means any breach defined as a Serious Breach in the Agreement or any breach or breaches which adversely, materially or substantially affect the performance or delivery of the Services or compliance with the terms and conditions of the Agreement or the provision of a safe, healthy and supportive learning environment or a breach of security that adversely affects the Personal Data or privacy of an individual. Failure to comply with Law, or actions or omissions by the Provider that endanger the Health or Safety of Learners, Provider Personnel, and all other persons including members of the public would constitute a Serious Breach;

  • Terminating Party As defined in Section 7.1(f).

  • Trading Partner means any external computer interoperating with a Licensed Component through one or more protocols, one or more networks, or one or more adapters;

  • Dating partner means any person involved in an intimate association with another individual that is primarily characterized by the expectation of affectionate involvement, whether casual, serious, or long-term.

  • Company Cure Period has the meaning specified in Section 10.01(b).

  • Non-Defaulting Member means a Member who is not a Defaulting Member.

  • Aggrieved Employee means a person employed by Defendant in California and classified as a nonexempt employee who worked for Defendant during the PAGA Period.

  • Aggrieved person is the person or persons making the claim.

  • Transferring Member has the meaning set forth in Section 9.4.

  • Willful and Material Breach means a material breach that is a consequence of an act undertaken by the breaching party or the failure by the breaching party to take an act it is required to take under this Agreement, with knowledge that the taking of or failure to take such act would, or would reasonably be expected to, result in, constitute or cause a breach of this Agreement.

  • Substantial Breach means a breach of any of clauses 3.8, 3.9, 4.1, 4.2, 5.1(c)(i) to 5.1(c)(xxiv) (inclusive), 17.1, 17.2, 31.2 or 31.7(c) of this Agreement;

  • Attaching Party means any Party wishing to make a physical Facility Attachment on or in any AT&T structure.