Examples of Operational Default in a sentence
Notwithstanding the foregoing, Grantee and Guarantor reserve the right to contest the continued existence of an Uncured Operational Default on the merits.
If cure cannot reasonably be effected within the specified cure period, Licensee shall be deemed to be in compliance with its obligations hereunder if Licensee commences remedial action within the specified period and diligently pursues steps or actions necessary or appropriate to effect cure of the Operational Default specified in the Operational Default Notice as soon as reasonably possible.
Anything herein to the contrary notwithstanding, Administrative Agent and Lenders shall have no obligation to forbear from exercising remedies by reason of an Operational Default of any type as to which Borrower elects to cure more than twice in the aggregate during the term of the Loan or more than once in any twelve (12) month period during the term of the Loan.
In the event that Stratus shall be the Operational Default Partner, then any such Guaranty Payment shall not result in any Mandatory Additional Contributions or any Operational Default Payments hereunder, rather, Stratus shall have the sole responsibility for any such Guaranty Payment.
In the event of an Operational Default, the Customer’s sole remedy shall be a pro-rata refund of fees for the months in which there was an Operational Default plus any pre-paid fees.
Based on the foregoing, for a period of 10 years after the commencement of Mining Operations at the Mines, in the event of an Uncured Operational Default, Grantor, upon five days' prior written notice to the Administrative Agent, shall have the unrestricted right to file, or have filed on its behalf, an injunction requiring Grantee to cease, or the cause the cessation of, Mining Operations at the Mines.
Based on the foregoing, for a period of 10 years after the commencement of Mining Operations at the Mine, in the event of an Uncured Operational Default, each Grantor, acting through the Administrative Agent, upon five days' prior written notice to the Grantee Administrative Agent, shall have the unrestricted right to file, or have filed on its behalf, an injunction requiring Grantee to cease, or the cause the cessation of, Mining Operations at the Mine.
Based on the foregoing, for a period of 10 years after the commencement of Mining Operations at the Mine, in the event of an Uncured Operational Default, each Grantor, acting through the Administrative Agent, upon five days’ prior written notice to the Grantee Administrative Agent, shall have the unrestricted right to file, or have filed on its behalf, an injunction requiring Grantee to cease, or the cause the cessation of, Mining Operations at the Mine.
Without limiting the foregoing, the mere occurrence of an Operational Default will not give rise to a presumption of a Material Adverse Effect or Material Adverse Change.
Based on the foregoing, for a period of 10 years after the commencement of Mining Operations at the Mines, in the event of an Uncured Operational Default, Grantor, upon five days’ prior written notice to the Administrative Agent, shall have the unrestricted right to file, or have filed on its behalf, an injunction requiring Grantee to cease, or the cause the cessation of, Mining Operations at the Mines.