Failure to Cure definition

Failure to Cure means a failure by the Corporation to maintain the AMPS Basic Maintenance Amount or the 1940 Act AMPS Asset Coverage Requirement, as the case may be, which failure is not cured by the relevant Cure Date.
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Failure to Cure means a failure by the Corporation to maintain the AMPS Basic Maintenance Amount or 1940 Act AMPS Asset Coverage Requirement, as the case may be, which failure is not cured on or before the third day following the related Valuation Date as reflected in a Portfolio Valuation Report delivered to S&P and confirmed by the Corporation's Independent Accountants.
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Failure to Cure means the failure by the Corporation to satisfy the Moody's Test, the S&P Test or the 1940 Act Asset Coverage requirement, as the case may be, which failure is not cured by the relevant Cure Date.
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Examples of Failure to Cure in a sentence

  • A Notification of Failure to Cure Material Breach may be appealed to CDFA.

  • These actions are effective upon issuance of the Notice of Failure to Cure Material Breach, unless the Recipient appeals a Notice of Failure to Cure Material Breach, in which case the effective date falls on the issuance of a final decision on the appeal.

  • The appeal must be post marked within ten (10) calendar days of the date the Recipient received the Notice of Failure to Cure and addressed to the CDFA Legal Office of Hearing and Appeals or emailed to XXXX.XxxxxXxxxxx@xxxx.xx.xxx.

  • The non-breaching party shall send a Notice of Failure to Cure Material Breach upon its decision to carry out any of these actions.

  • Licensee fails to maintain insurance as required by Article 19 (Insurance).17.1.7 Notice and Failure to Cure.

  • In the event Debtor does not cure the default, Schertz Bank & Trust will file a “Notice of Failure to Cure and Notice that Stay Lifted”.

  • If so rescinded, the Work may continue without an extension of Contract Time.17.3.5 Failure to Cure.

  • Only Events of Default expressly described in the Notice of Failure to Cure may give rise to a termination of this Lease by Owner pursuant to its termination rights hereunder.

  • If the CAP was properly implemented, the matter is then considered closed; if the CAP was not properly implemented, the State agencies will issue a Notice of Failure to Cure.The Notice of Failure to Cure will outline the factual basis for the determination and any additional actions to be taken against the Covered Provider, including modifications to the CAP or the issuance of a Notice of Sanctions Due to Non-Compliance and the Covered Provider’s opportunity to appeal.

  • Subject to the provisions of Section 11.13, either the Recognized Mortgagee or the Recognized Mezzanine Lender shall have the right to cure or cause to be cured the Event(s) of Default set forth in the Notice of Failure to Cure.


More Definitions of Failure to Cure

Failure to Cure has the meaning ascribed thereto in Section 2.3(b).
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Related to Failure to Cure

  • Unwarranted failure to comply means the failure of a permittee to prevent the occurrence of any violation of the permittee's permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or this chapter due to indifference, lack of diligence, or lack of reasonable care.

  • Credit Breach means the status of a Participant that does not currently meet the requirements of Tariff, Attachment Q or other provisions of the Agreements.

  • 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:

  • Non-Monetary Default Cure Period shall have the meaning assigned to such term in Section 11(d).

  • Persistent Breach means a Default which has occurred on three or more separate occasions with a continuous period of six (6) months.

  • Cure means a Claim (unless waived or modified by the applicable counterparty) based upon a Debtor’s defaults under an Executory Contract or an Unexpired Lease assumed by such Debtor under section 365 of the Bankruptcy Code, other than a default that is not required to be cured pursuant to section 365(b)(2) of the Bankruptcy Code.

  • Breach means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach

  • Epidemic Failure means a series of repeating failures or defects resulting in at least a 0.5% failure rate for the same Product or Material during any twelve-month period.

  • Abnormal Condition means any condition on the Interconnection Facilities which, determined in accordance with Good Utility Practice, is: (i) outside normal operating parameters such that facilities are operating outside their normal ratings or that reasonable operating limits have been exceeded; and (ii) could reasonably be expected to materially and adversely affect the safe and reliable operation of the Interconnection Facilities; but which, in any case, could reasonably be expected to result in an Emergency Condition. Any condition or situation that results from lack of sufficient generating capacity to meet load requirements or that results solely from economic conditions shall not, standing alone, constitute an Abnormal Condition.

  • Special Condition means a condition of a Transporter's Licence or Shipper's Licence other than a Standard Condition;

  • Data Breach means the unauthorized access by an unauthorized person that results in the use, disclosure or theft of Customer Data.

  • Service Level Failure means a failure to perform the Software Support Services fully in compliance with the Support Service Level Requirements.

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

  • Default Requirement means the amount specified as being applicable to the Reference Entity in the Standard, or its equivalent in the relevant Obligation Currency (or, if no such amount is specified, U.S.$ 10,000,000 or its equivalent in the relevant Obligation Currency) in either case, as of the occurrence of the relevant Credit Event.

  • Customer Default has the meaning set out in clause 8.3.

  • Default Notice means the written notice of Default of the Agreement issued by one Party to the other.

  • Public Information Failure Payments shall have the meaning ascribed to such term in Section 4.3(b).

  • Intentional Breach means, with respect to any representation, warranty, agreement or covenant, an action or omission taken or omitted to be taken that the breaching party intentionally takes (or intentionally fails to take) and knows (or reasonably should have known) would, or would reasonably be expected to, cause a material breach of such representation, warranty, agreement or covenant.

  • Public Information Failure shall have the meaning ascribed to such term in Section 4.3(b).

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

  • Persistent Failure means any two (2) or more failures by the Supplier in any rolling period of twelve (12) months to comply with obligations in respect of the Contract Services under the Contract;

  • Financial Default means the total cessation or partial suspension of operations due to insolvency, with or without the filing of a bankruptcy petition by a tour operator, Cruise line, or airline.

  • Data Breaches Party shall report to AHS, though its Chief Information Officer (CIO), any impermissible use or disclosure that compromises the security, confidentiality or privacy of any form of protected personal information identified above within 24 hours of the discovery of the breach. Party shall in addition comply with any other data breach notification requirements required under federal or state law.

  • Financial Covenant Default has the meaning assigned to such term in Section 8.01(6).

  • 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;

  • MI Failure means when an MI report: a) contains any material errors or material omissions or a missing mandatory field; or b) is submitted using an incorrect MI reporting Template; or c) is not submitted by the reporting date(including where a Nil Return should have been filed);