Unwind Event definition
Examples of Unwind Event in a sentence
The respective obligations of the parties hereunder shall become final and binding only if no Early Unwind Event (as defined below) shall have occurred and be continuing as of the Early Unwind Date (as defined below).
Any Event of Default (as defined in the Agency Agreement) arising from the failure of the Construction Agent to comply with the provisions of Sections 3(a), 3(b) or 3(c) of the Agency Agreement shall not be deemed an Event of Default hereunder but shall constitute an "Unwind Event".
The Company shall be in compliance with its obligations under the Operative Documents on such date and there shall exist no Default, Event of Default, Unwind Event or Environmental Trigger under the Operative Documents and no Termination Notice shall have been delivered or been deemed to have been delivered.
If an Unwind Event and/or Intervening Event exists on the Final Tranche Date, Developer shall have the same rights and obligations noted above applicable to the second Tranche Payment and third Tranche Payment and Second Tranche Date and Third Tranche Date.
Each party hereto shall, at the reasonable request of the other party hereto, deliver to such other party a certificate stating whether such first party has knowledge of, or has received notice from any person of, any Casualty, Condemnation, Default, Environmental Trigger, Unwind Event or Event of Default.
If an Unwind Event or Intervening Event exists on the Second Tranche Date, Developer shall have the right to postpone the Second Tranche Date until the earlier to occur of (1) final resolution of the Unwind Event or Intervening Event, as the case may, or (2) ninety (90) days from the Second Tranche Date.
If an Unwind Event and/or Intervening Event exists on the Third Tranche Date, Developer shall have the same rights and obligations described above applicable to the second Tranche Payment and Second Tranche Date.
If the Intervening Event and/or Unwind Event has not been resolved within said 90-day period, Developer shall have the right to exercise the Unwind Rights described below in Section 5.5 hereinbelow or proceed with the release of the Second Tranche, reserving Developer’s rights to exercise Unwind Rights at any time thereafter through the date of the Final Unwind Date defined below.
If Advocate reasonably and in good faith disputes that an Unwind Event has occurred, it shall provide ▇▇▇▇▇▇▇ Foundation a Dispute Notice within ten (10) business days following delivery of the Unwind Notice by ▇▇▇▇▇▇▇, and thereafter the Parties shall attempt in good faith to resolve the dispute, or at either Party’s option, may seek declaratory relief from a court of competent jurisdiction to adjudicate whether an Unwind Event has occurred.
In addition, the Authority and Developer agree that if an Unwind Event occurs and/or is continuing beyond the Final Unwind Date, the Developer shall have the rights set forth in Section 5.5(e) hereinbelow, but shall have no right to a refund or disgorgement of the Development Rights Fee.