Examples of Institution Default in a sentence
On the occurrence of an Institution Default, or within [x] days after the Private Party becomes aware of same, the Private Party may serve notice on the Institution of the occurrence (and specifying details) of such Institution Default.
On the occurrence of an Institution Default, or within 10 days after the Private Party becomes aware of same, the Private Party may serve notice on the Institution of the occurrence (and specifying details) of such Institution Default.
In the event of termination for Institution Default, fairness dictates that the compensation payable should include breakage costs as well as breakage premiums.
Force Majeure: Compensation Events)), the Institution Default should be limited to those breaches by the Institution which render the contractual relationship between the Parties untenable or completely frustrate the Private Party’s ability to perform its obligations under the PPP Agreement.
The PPP Agreement should clearly stipulate the events that would constitute an Institution Default and which would entitle the Private Party to terminate the PPP Agreement.
Clause 26, Compensation on Termination For Institution Default, describes the payment to the private party where termination occurs by reason of Institution Default.
Where the termination is a result of Institution Default, the value of the compensation payable to the Private Party is usually greater than that payable in the event of Force Majeure termination or termination as a result of a Private Party Default.
Therefore, if a Private Party seeks to be protected against such an assignment by requiring, for instance, a right to terminate on the basis that such assignment is a “deemed” Institution Default, this should be rejected.
Termination: Compensation on Termination for Institution Default) for a description of the circumstances when the compensation payable to the Private Party upon termination will take Debt into account.
Care must be taken, however, to ensure that termination is a last resort and can only be chosen by the Private Party when the Institution’s action or inaction has made it impossible for the Private Party to perform its obligations under the PPP Agreement.394 The periods triggering Institution Default are subject to the further remedy periods set out in Part N: (Termination).395 See Part S:83.1 (Miscellaneous: Assignment).