Events of Default by Seller. In addition to the Events of Default described in Section 9.1, each of the following shall constitute an Event of Default by Seller hereunder:
Events of Default by Seller. The occurrence of any of the following shall constitute an Event of Default by Seller: if at any time during the Term, Seller delivers or attempts to deliver to the Point of Interconnection for sale under this Agreement electric energy that was not generated by the Facility; if at any time subsequent to the Commercial Operations Date, the PV System Equivalent Availability Factor is less than 84% for each of three consecutive Contract Years; if at any time subsequent to the Commercial Operations Date, the Measured Performance Ratio for each of three consecutive Contract Years falls below the Tier 2 Bandwidth for such Contract Year; if at any time subsequent to the Commercial Operations Date, the Seller fails to demonstrate satisfaction of the XXXX Capacity Performance Metric prior to the expiration of the XXXX Capacity Cure Period; if at any time subsequent to the Commercial Operations Date, the Seller fails to achieve a XXXX Annual Equivalent Availability Factor of not less than 75% for each of six (6) consecutive XXXX Measurement Periods as provided in Section 2.8(b) (XXXX Guaranteed Availability Termination Date); if at any time subsequent to the Commercial Operations Date, the Seller fails to demonstrate satisfaction of the RTE Performance Metric prior to the expiration of the RTE Cure Period; if at any time subsequent to the Commercial Operations Date, the Facility is unavailable to provide electric energy in response to Company Dispatch for a period of three hundred sixty-five (365) or more consecutive Days; if at any time during the Term, Seller fails to satisfy the requirements of Article 14 (Credit Assurance and Security) of this Agreement; if at any time during the Term, Seller fails to comply with the requirements of Section 19.1 (Sale of Facility) and Attachment P (Sale of Facility by Seller); or if at any time subsequent to the Commercial Operations Date, Seller fails to install, operate, maintain, or repair the Facility in accordance with Good Engineering and Operating Practices if such failure is not cured within thirty (30) Days after written notice of such failure from Company unless such failure cannot be cured within said thirty (30) Day period and Seller is making commercially reasonable efforts to cure such failure, in which case Seller shall have a cure period of three hundred sixty-five (365) Days after Company's written notice of such failure.
Events of Default by Seller. The occurrence of any of the following shall constitute an Event of Default by Seller:
Events of Default by Seller. 10.1.2.1 Seller’s failure to post or increase the Carry-Over Letter of Credit within ten (10) Business Days after the end of each month as may be required under Section 5.1.4.
Events of Default by Seller. In addition to the Events of Default described in Section 9.1, it shall constitute an Event of Default by Seller hereunder if: Taking of Facility Assets. Any asset of Seller that is material to the construction, operation or maintenance of the Facility or the performance of its obligations hereunder is taken upon execution or by other process of law directed against Seller, or any such asset is taken upon or subject to any attachment by any creditor of or claimant against Seller (other than, in each case, by a Lender upon a default by Seller with respect to the Financing for the Facility) and such attachment is not disposed of within sixty (60) days after such attachment is levied; or Failure to Maintain Credit Support. The failure of Seller to provide, maintain and/or replenish the Development Period Security or the Operating Period Security as required pursuant to Article 6 of this Agreement, and such failure continues for more than five (5) Business Days after Buyer has provided written notice thereof to Seller; or Energy Output. The failure of the Facility to produce Energy for twenty-four (24) consecutive months during the Services Term for any reason, including due in whole or in part to a Force Majeure; or Failure to Satisfy ISO-NE or Interconnection Tariff Obligations. The failure of Seller to satisfy, or cause to be satisfied (other than by Buyer), any material obligation under the Interconnection Tariff, or the ISO-NE Rules or ISO-NE Practices or any other material obligation with respect to ISO-NE, and such failure has a material adverse effect on the Facility or Seller’s ability to perform its obligations under this Agreement or on Buyer or Buyer’s ability to receive the benefits under this Agreement, provided that if Seller’s failure to satisfy any material obligation under the ISO-NE Rules or ISO-NE Practices does not have a material adverse effect on Buyer or Buyer’s ability to receive the benefits under this Agreement, Seller may cure such failure within thirty (30) days of its occurrence; or Failure to Meet Critical Milestones. The failure of Seller to satisfy any Critical Milestone by the date set forth therefor in Section 3.1(a), as the same may be extended in accordance with Section 3.1(c); or Eligible Technology. The failure of the Facility at any time to use an Eligible Technology to produce all of the Energy and RECs; or
Events of Default by Seller. It shall constitute an Event of Default by Seller if Seller breaches any material obligation under this Agreement that proves to have a material adverse effect on Buyer and fails to cure the breach within thirty (30) Business Days after notification by Buyer of the breach. Events of Default in this Section 8.3 are subject to specific performance and monetary damages pursuant to Section 8.5 (Remedies).
Events of Default by Seller. In addition to the Events of Default described in Section 8.1, it shall constitute an Event of Default by Seller hereunder if: where: ∑(RV – CV) + P N
Events of Default by Seller. Seller shall be in default under this Agreement upon the happening or occurrence of any of the following events or conditions, each of which shall be an "Event of Default" for purposes of this Agreement:
Events of Default by Seller. Each of the following is an Event of Default by Seller under this Master Trade Confirmation: (i) Seller fails to, or admits to Purchaser, its inability to, or its intention not to, perform any of its obligations hereunder; (ii) an Act of Insolvency occurs with respect to Seller; (iii) any representation made by Seller is incorrect or untrue in any material respect when made or repeated or deemed to have been made or repeated; (iv) Seller shall fail to sell and deliver Securities to Purchaser in accordance with Seller’s obligations under this Master Trade Confirmation, or fail to make any payment to Purchaser required hereunder; or (v) Seller shall fail to pay when due any Debt of Seller in an aggregate principal amount in excess of $1,000,000 or any event shall occur as a result of which any holder or holders (or a trustee on behalf of such holders) of any Debt of Seller in an aggregate principal amount in excess of $1,000,000 shall have the right to accelerate the maturity of such Debt, shall occur and be continuing but only if, in each case, there is a failure to cure such event within three (3) Business Days of such default (Seller shall provide Purchaser immediate notice of any event described in this clause (v)).
Events of Default by Seller. The occurrence of any of the following shall constitute an Event of Default by Seller: if at any time during the Term, Seller delivers or attempts to deliver to the Point of Interconnection for sale under this Agreement electric energy that was not generated by the Facility; if at any time subsequent to the Commercial Operations Date, the Facility is unavailable to provide the Service Profile as and when required under this Agreement for a period of three hundred sixty-five (365) or more consecutive Days; if at any time during the Term, Seller fails to satisfy the requirements of Article 14 (Credit Assurance and Security) of this Agreement; if at any time during the Term, Seller fails to comply with the requirements of Section 19.1 (Sale of Facility) and Attachment P (Transfers by Seller); or if at any time subsequent to the Commercial Operations Date, Seller fails to install, operate, maintain, or repair the Facility in accordance with Good Engineering and Operating Practices if such failure is not cured within thirty (30) Days after written notice of such failure from Company unless such failure cannot be cured within said thirty (30) Day period and Seller is making commercially reasonable efforts to cure such failure, in which case Seller shall have a cure period of three hundred sixty-five (365) Days after Company's written notice of such failure.
