Fundamental Default definition

Fundamental Default means that Borrower either fails to pay the entire Outstanding Balance to Lender on or before the Maturity Date or fails to pay the Mandatory Default Amount within three (3) Trading Days of the date Lender delivers any notice of acceleration to Borrower pursuant to Section 4.2 of this Note.
Fundamental Default means any of a Fundamental (A) Default or a Fundamental (B) Default; Fundamental (A) Default means the occurrence of any of the following:
Fundamental Default means that Borrower either fails to pay the entire Outstanding Balance to Lender on or before the Maturity Date or fails to pay the Mandatory Default Amount within three (3) Trading Days of the date Lender delivers any notice of acceleration to Borrower pursuant to Section of this Note.A15.

Examples of Fundamental Default in a sentence

  • At any time following the occurrence of any Event of Default, upon written notice given by Lender to Borrower, interest shall accrue on the Outstanding Balance beginning on the date the applicable Event of Default occurred at an interest rate equal to the lesser of 22% per annum or the maximum rate permitted under applicable law (“Default Interest”); provided, however, that no Default Interest shall accrue during the Fundamental Default Measuring Period.

  • Notwithstanding anything to the contrary herein, in addition to all other remedies set forth herein, the Fundamental Liquidated Damages Amount shall be added to the Outstanding Balance upon Lender’s delivery to Borrower of a notice (which notice Lender may deliver to Borrower at any time following the occurrence of a Fundamental Default) setting forth its election to declare a Fundamental Default and the Fundamental Liquidated Damages Amount that will be added to the Outstanding Balance.

  • At any time following the occurrence of any Event of Default, upon written notice given by Lender to Borrower, interest shall accrue on the Outstanding Balance beginning on the date the applicable Event of Default occurred at an interest rate equal to the lesser of 22% per annum or the maximum rate permitted under applicable law (“Default Interest”); provided, however, that no Default Interest shall accrue during the Fundamental Default Measuring Period (as defined below).

  • At any time following the occurrence of any Event of Default, upon written notice given by Lender to Borrower, interest shall accrue on the Outstanding Balance beginning on the date the applicable Event of Default occurred at an interest rate equal to the lesser of 22% per annum or the maximum rate permitted under applicable law ("Default Interest"); provided, however, that no Default Interest shall accrue during the Fundamental Default Measuring Period.

  • If the GDA Agreement is terminated for Council breach, including Fundamental Default PCRL may have a claim in damages against the Council under the GDA Back to Back Agreement.


More Definitions of Fundamental Default

Fundamental Default means:‌ (i) a fundamental breach of this Agreement by the Partnership; (ii) an ongoing lack of good faith conduct by the Partnership; (iii) an act or series of acts by the Partnership that denies the Province substantially the whole benefit of this Agreement; (iv) repudiation of this Agreement by the Partnership expressly or by its conduct; or‌ (v) failure of the Partnership or the PTOs to cure an Event of Default within a reasonable time period in accordance with subsection 11.7(b).
Fundamental Default means (i) that fewer than [****] of the Products ordered for shipment hereunder over any [****] period are delivered by Seller on time, (ii) Seller breaches Section 2.5, (iii) Seller commits an intentional breach of this Agreement, or (iv) Seller otherwise materially breaches this CMA or the Quality Agreement and (x) fails to cure such breach within [****] after written notice from Buyer or (y) repeats such breach [****]. NOTE: PORTIONS OF THIS EXHIBIT INDICATED BY [****] ARE SUBJECT TO A CONFIDENTIAL TREATMENT REQUEST, AND HAVE BEEN OMITTED FROM THIS EXHIBIT. COMPLETE, UNREDACTED COPIES OF THIS EXHIBIT HAVE BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION AS PART OF THIS COMPANY’S CONFIDENTIAL TREATMENT REQUEST.
Fundamental Default means either a Class A Fundamental Default or a Class B Fundamental Default.
Fundamental Default means (i) that fewer than 85% of the Products ordered for shipment pursuant to accepted Purchase Orders hereunder over any ninety (90) contiguous day period are delivered by OEM on–time (per Section 4.02), (ii) OEM commits an intentional breach of this Agreement, or (iii) OEM otherwise materially breaches this Agreement or the Quality Agreement and (x) fails to cure such breach within thirty (30) days after written notice from RTI or (y) repeats such material breach twice within one hundred eighty (180) days.
Fundamental Default means an Event of Default specified in Section 7.01(a), (b) or (f) (solely with respect to any Note Party).
Fundamental Default means and be limited to an Event of Default specified in Section 8.1.4 or Section 8.1.5 below.
Fundamental Default means the occurrence of any of the following: