Defaulting Operator definition

Defaulting Operator has the meaning given in clause 14.1(a).
Sample 1Sample 2Sample 3
Defaulting Operator has the meaning given in clause 14.1(a). Depot for a Train Service Type means a depot, as specified in the Train Description for that Train Service Type.
Sample 1Sample 2
Defaulting Operator has the meaning given to it in Clause 12-43(1) below.
Sample 1Sample 2

Examples of Defaulting Operator in a sentence

  • Upon the occurrence of the events set out in Clause 8(b) above and subject to the provision of Clause 8(g) below, the Notifying Operator may terminate the Access Agreement or the respective SLO, as the case may be, by issuing a termination notice to the Defaulting Operator and the Access Agreement or the respective SLO, as the case may be, shall terminate in accordance with the terms of the termination notice.

  • Upon the occurrence of the events set out in Clause 8(b) above and subject to the provision of Clause 8(g) below, the Notifying Operator may terminate the Access Agreement or the respective SLO, as the case may be, by issuing a termination notice to the Defaulting Operator the Access Agreement or the respective SLO, as the case may be, shall terminate in accordance with the terms of the termination notice.

  • This clause 8 does not prejudice Aurizon Network’s other rights and remedies in respect of any non-compliance by the End User, Defaulting Operator or any other Operator with the Train Service Description for a Train Service Type.

  • In the event the Notifying Operator suspends access to Facilities and/or Services by reason of the Defaulting Operator’s failures set out in Condition 6.3, the Notifying Operator must reinstate access to Facilities and/or Services upon the Defaulting Operator remedying its failure or the direction of the Commission.

  • Termination: Upon the occurrence of the events set out in Clause 8(b) above and subject to the provision of Clause 8(g) below, the Notifying Operator may terminate the Access Agreement or the respective SLO, as the case may be, by issuing a termination notice to the Defaulting Operator the Access Agreement or the respective SLO, as the case may be, shall terminate in accordance with the terms of the termination notice.

  • This clause 10 does not prejudice Aurizon Network’s other rights and remedies in respect of any non-compliance by the Access Holder, Defaulting Operator or any other Operator with the Train Description for a Train Service Type.

  • Subject to clause 13.6, this clause 11 does not prejudice Aurizon Network’s other rights and remedies in respect of any non-compliance by the Access Holder, Defaulting Operator or any other Operator with the Train Description for a Train Service Type.

  • The Defaulting Operator shall be solely responsible for any loss, costs, damages or expenses which the Defaulting Operator may incur or suffer during the period of suspension.

  • In the event the Notifying Operator suspends access to Facilities and/or Services by reason of the Defaulting Operator’s failures set out in Condition 10.3, the Notifying Operator must reinstate access to Facilities and/or Services upon the Defaulting Operator remedying its failure or the direction of the Commission.

  • Reconnection fee shall be imposed by the Notifying Operator to the Defaulting Operator due to suspension of the Facilities and/or Services.


More Definitions of Defaulting Operator

Defaulting Operator has the meaning set forth in Section 3.8(f).
Sample 1Sample 2
Defaulting Operator has the meaning given such term in Section ------------------- ------- 6.5(a). ------
Sample 1
Defaulting Operator means a person that falls under regulation 43(1)(a) or (b);
Sample 1Sample 2
Defaulting Operator means an operator who is in breach of terms or conditions of a land use permit or lease for an outpost camp anywhere in Ontario;
Sample 1

Related to Defaulting Operator

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

  • Defaulting Participant means a Participant which the Project Committee has declared to be in substantial breach of this Consortium Agreement or the PPP Allowance Agreement in accordance with Sections 3.5 and 6.5 of this Consortium Agreement;

  • Defaulting Purchaser means any Related Committed Purchaser or LC Participant, as applicable, that (a) has failed to (i) perform its obligation to fund any portion of its Purchases or Participation Advances or (ii) pay over to the Administrator or any Purchaser any other amount within two Business Days of the date required to be funded or paid by it hereunder, unless, in the case of clause (i) above, such Related Committed Purchaser or LC Participant, as applicable, notifies the Administrator and the Seller in writing that such failure is the result of such Related Committed Purchaser’s or LC Participant’s, as applicable, good faith determination that a condition precedent to funding (specifically identified and including the particular default, if any) has not been satisfied, (b) has notified the Seller, the Administrator or any Purchaser in writing, or has made a public statement to the effect, that it does not intend to comply with any of its funding obligations under this Agreement or any other Transaction Document or generally under other agreements in which it commits or extends credit (unless such writing or public statement relates to such Related Committed Purchaser’s or LC Participant’s, as applicable, obligation to fund any portion of its Purchases or Participation Advances and states that such position is based on such Related Committed Purchaser’s or LC Participant’s, as applicable, good faith determination that a condition precedent to funding (specifically identified and including the particular default, if any) has not been satisfied), (c) has failed, within three Business Days after written request by the Administrator or the Seller, to confirm in writing in a manner satisfactory to the Administrator and the Seller, that it will comply with the terms of this Agreement and the other Transaction Documents relating to its obligations to fund prospective Purchases and Participation Advances under this Agreement (provided that such Related Committed Purchaser or LC Participant, as applicable, shall cease to be a Defaulting Purchaser pursuant to this clause (c) upon receipt of such written confirmation by the Administrator and the Seller), (d) has, or has a direct or indirect parent company that has, (i) become the subject of a proceeding under any bankruptcy or insolvency proceeding or (ii) had appointed for it a receiver, custodian, conservator, trustee, administrator, assignee for the benefit of creditors or similar Person charged with reorganization or liquidation of its business or assets, including the Federal Deposit Insurance Corporation or any other state or federal regulatory authority acting in such capacity; provided that, for the avoidance of doubt, a Related Committed Purchaser or LC Participant, as applicable, shall not be a Defaulting Purchaser solely by virtue of the ownership or acquisition of any equity interest in such Related Committed Purchaser or LC Participant, as applicable, or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide such Related Committed Purchaser or LC Participant, as applicable, with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit such Related Committed Purchaser or LC Participant, as applicable (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with such Related Committed Purchaser or LC Participant, as applicable.

  • Defaulting Party has the meaning specified in Section 6(a).

  • Defaulting Bank means, at any time, subject to Section 2.18(d), (i) any Bank that has failed for two or more consecutive Business Days to comply with its obligations under this Agreement to make available its ratable portion of a Borrowing (each, a “funding obligation”), unless such Bank has notified the Agent and a Borrower in writing that such failure is the result of such Bank’s determination that one or more conditions precedent to funding has not been satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing), (ii) any Bank that has notified the Agent or a Borrower in writing, or has stated publicly, that it does not intend to comply with its funding obligations hereunder, unless such writing or statement states that such position is based on such Bank’s determination that one or more conditions precedent to funding cannot be satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing or public statement), (iii) any Bank that has, for three or more Business Days after written request of the Agent or a Borrower, failed to confirm in writing to the Agent and the Borrowers that it will comply with its prospective funding obligations hereunder (provided that such Bank shall cease to be a Defaulting Bank pursuant to this clause (iii) upon the Agent’s and the Borrowers’ receipt of such written confirmation), (iv) any Bank with respect to which a Bank Insolvency Event has occurred and is continuing with respect to such Bank or its Parent Company, or (v) any Bank that has become the subject of a Bail-In Action; provided that a Bank shall not be a Defaulting Bank solely by virtue of the ownership or acquisition of any equity interest in such Bank or its Parent Company by a Governmental Authority or an instrumentality thereof. Any determination by the Agent that a Bank is a Defaulting Bank under any of clauses (i) through (v) above will be conclusive and binding absent manifest error, and such Bank will be deemed to be a Defaulting Bank (subject to Section 2.18(d)) upon notification of such determination by the Agent to the Borrowers and the Banks. The Agent will promptly send to all parties hereto a copy of any notice to the Borrowers provided for in this definition.

  • Non-Defaulting Party has the meaning specified in Section 6(a).

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

  • Defaulting Lender means any Lender with respect to which a Lender Default is in effect.

  • Non-Defaulting Bank means, at any time, a Bank that is not a Defaulting Bank.

  • Defaulting Lender Rate means (a) for the first 3 days from and after the date the relevant payment is due, the Base Rate, and (b) thereafter, the interest rate then applicable to Advances that are Base Rate Loans (inclusive of the Base Rate Margin applicable thereto).

  • Non-Defaulting Lender means, at any time, each Lender that is not a Defaulting Lender at such time.

  • Farming operation means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation.

  • Non-Operator means a Party other than the Operator;

  • economic operator means any natural or legal person or public entity or group of such persons and/or entities, including any temporary association of undertakings, which offers the execution of works and/or a work, the supply of products or the provision of services on the market;

  • Class A operator means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by the department. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

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