Examples of Institution Default in a sentence
The effect of this clause is that the Institution can take over the Project Site and suspend the Project for the duration of the event causing it to take the Project Site over, without having to terminate the PPP Agreement and having to pay the termination sum for Institution Default, which could be a substantial sum.
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.
In addition (but without duplication of any amounts payable pursuant to the proviso of the preceding sentence), if any Event of Default shall occur, the principal amount of all outstanding Institutional Loans shall bear interest at the Institution Default Rate from the date on which such Event of Default occurred until the date on which no Event of Default shall be continuing.
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 a Qualified Institution Default, Seller shall (1) provide a substitute Letter of Credit that is issued by a Qualified Institution or (2) deliver to Buyer cash collateral for application to such liabilities of Seller due and payable hereunder in an amount equal to the Letter of Credit Amount, in either case within five (5) Business Days after Seller receives notice of the Qualified Institution Default.
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).
If a Bank fails to pay all or any portion of the True-Up Amount applicable to such Bank prior to the expiration of the period of five Business Days referred to in clause (ii) above, such unpaid True-Up Amount of such Bank shall bear interest at the Institution Default Rate from and excluding the last day of such five Business Day period to and including the date paid by the Bank.
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.
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.
If a Bank fails to pay all or any portion of the True-Up Amount applicable to such Bank prior to the expiration of the period of five Business Days referred to in clause (ii) above, such unpaid True-Up Amount of such Bank shall bear interest at the Institution Default Rate from and excluding the last day of such five Business 117 Day period to and including the date paid by the Bank.