Total Amount in Default means the following amounts: (i) the Amount in Default; (ii) third-party costs of obtaining and maintaining any Security incurred by the non-defaulting Parties or the funds paid by such Parties in order to allow Operator to obtain or maintain Security, in accordance with Article 8.3(A)(ii); plus (iii) any interest at the Agreed Interest Rate accrued on the amount under (i) from the date this amount is due by the Defaulting Party until paid in full by the Defaulting Party and on the amount under (ii) from the date this amount is incurred by the non-defaulting Parties until paid in full by the Defaulting Party.
Total Amount in Default means, as of any time, the following amounts: (a) the amounts that the Defaulting Party has failed to pay under the terms of this Agreement and the Associated Agreements as of such time; and (b) any interest at the Default Interest Rate accrued on the amount under (a) from the date this amount is due by the Defaulting Party until paid in full by the Defaulting Party and on the amount under (b) from the time this amount is incurred by the Affected Party until paid in full by the Defaulting Party.
Total Amount in Default means, as of any time, the following amounts: (a) the amounts that the Defaulting Member has failed to pay under the terms of this Agreement as of such time; and (b) any interest at the Default Interest Rate accrued on the amount under (a) from the date such amount is due by the Defaulting Member until paid in full by the Defaulting Member.
Examples of Total Amount in Default in a sentence
No Defaulting Party may, and any Defaulting Party shall cause its Affiliates not to, Transfer all or any part of its Joint Development Interest or undergo a Change in Control unless and until the Total Amount in Default is paid by such Defaulting Party or its transferee or any other Person on behalf of such Defaulting Party and then further subject to compliance with the other provisions of this ARTICLE IV.
The notice provided to the non-paying Member shall require that such Member pay its Total Amount in Default within 30 days (the “Cure Period”) of the date of such notice.
The CFO shall notify the Members and the MMC whether such non-paying Member pays its Total Amount in Default within the Cure Period.
If a Defaulting Party fails to remedy its default by the thirtieth (30th) Day following the date of the Default Notice, then, without prejudice to any other rights available to each non-defaulting Party to recover its portion of the Total Amount in Default, each non-defaulting Party may, but shall not be obligated to, exercise such Buy-Out Option by notice to the Defaulting Party and each non-defaulting Party (the “Option Notice”).
For the rest Purchaser can avoid paying compensation for value in respect of deterioration in the good(s) as a result of their/ its proper use, if Purchaser does not use the good(s) the way Purchaser uses Purchaser’s own property and refrain from doing anything that would curtail the value of the good(s).
More Definitions of Total Amount in Default
Total Amount in Default means, as of any time, with respect to a Non-Funding Member, an amount equal to (a) the outstanding Post-Conversion Default that the Non-Funding Member has failed to pay pursuant to the terms of this Agreement, plus (b) Collection Costs applicable thereto, plus (c) interest accrued on the amounts set forth in clause (a) and clause (b) at an annual interest rate equal to the prime rate (as published on the applicable date of determination in the “Money Rates” table of The Wall Street Journal, Eastern Edition) plus an additional 10 percentage points (or, if such rate is contrary to any applicable law, the maximum rate permitted by such applicable law) compounded quarterly from the incurrence thereof until payment in full.
Total Amount in Default means, with respect to a Defaulting Member under Section 4.3(a), the sum of the following amounts:
(a) the amount of the outstanding capital contributions of such Defaulting Member (with any non-cash assets valued at their Agreed Value),
(b) Third-Party costs incurred by the Company to enforce such Defaulting Member’s obligation to make such capital contribution, and
(c) interest at the Agreed Interest Rate on the amounts set forth in the preceding clauses (a) and (b) accruing from (i) with respect to the amounts in the preceding clause (a), the date or dates on which the Defaulting Member’s outstanding capital contributions were due and payable, and (ii) with respect to the amounts in the preceding clause (b), the date on which the Company incurred such Third Party costs, in each case, until (and including) the day prior to the day all such amounts are paid in full (or any agreed-upon non-cash contributions made) by the Defaulting Member.
Total Amount in Default means the aggregate of the following amounts:
Total Amount in Default means, as of any time, with respect to a Non-Funding Member, an amount equal to (a) the outstanding Post-Conversion Default that the Non-Funding Member has failed to pay pursuant to the terms of this Agreement, plus (b) Collection Costs applicable thereto, plus
Total Amount in Default means, as of any time, the following amounts:
Total Amount in Default means, as of any time, the following amounts: (a) the amounts that the Defaulting Party has failed to pay under the terms of this Agreement (including, in the case of Noble, any amounts relating to a failure to pay the Total Amount) and the Associated Agreements as of such time; (b) all reasonable attorneys' fees and other reasonable costs sustained in the collection of amounts owed by the Defaulting Party and (c) any interest at the Agreed Rate accrued on the amounts set forth in clauses (a) and (b).
Total Amount in Default means, as of any time, with respect to a Non-Funding Member, an amount equal to (a) the outstanding Post-Conversion Default that the Non-Funding Member has failed to pay pursuant to the terms of this Agreement, plus (b) Collection Costs applicable thereto, plus (c) interest accrued on the amounts set forth in clause (a) and clause (b) at an annual interest rate equal to the prime rate (as published on the applicable date of determination in the “Money Rates” table of The Wall Street Journal, Eastern Edition) plus an additional 10 percentage points (or, if such rate is contrary to any applicable law, the maximum rate permitted by such applicable law) compounded quarterly from the incurrence thereof until payment in full. “Transfer”, “Transferred” or “Transferring” means with respect to a Person, a direct disposition, sale, assignment, transfer, gift, surrender for cancellation, exchange, or the direct grant or transfer of any economic interest, voting power, or any other direct transfer of beneficial interest, whether voluntary or involuntary, by operation of law or judicial decree (and including the direct disposition, sale, assignment, transfer, gift, surrender for cancellation, exchange, or the direct grant -17- or transfer of any economic interest, voting interest or any other direct transfer of beneficial interest in such Person by a Controlling Person). “Treasury Regulations” means temporary and final Treasury Regulations promulgated under the Code, as amended from time to time. “Units” means the Interests of the Company and includes the Series A-2 Preferred Units, the Series B Preferred Units, the Series C Preferred Units, the Common Units and any other class or series of units or other equity securities of the Company issued after the date hereof. “U.S. GAAP” has the meaning set forth in Section 7.02(a). 1.02