Events of Default. All amounts advanced under the Facility will become immediately due and repayable in any of the following events:
(a) the Borrower fails to pay any principal, interest or other costs and expenses payable to the Lender hereunder on the due date; or
(b) the Borrower for any reason whatsoever fails promptly to discharge any obligation hereunder to the Lender or be in breach of any undertakings (affirmative or negative) hereunder however and whenever arising; or
(c) any representation or warranty by the Borrower hereunder or any information or document delivered by the Borrower to the Lender is shown to have been incorrect or misleading in any material respect when made or given; or
(d) the Borrower fails to perform any obligations on its part contained herein which is not capable of remedy or, if can be remedied, has not been remedied within seven days after notice from the Lender requiring its remedy or such further time as may be reasonable in the event that remedy within seven days is impossible; or
(e) any governmental, tax, monetary or other approval required for the Borrower and the Application is withdrawn or is changed in a way prejudicial to the Lender; or
(f) any event occurs which constitutes or, with the passing of time or the giving of notice or both, would constitute an event of default under any other agreement to which the Borrower is a party and which would have, in the opinion of the Lender, a material adverse effect on the ability of the Borrower to perform its obligations hereunder; or
(g) a receiver is appointed of any assets or property of the Borrower or an order is made for the bankrupt of the Borrower or if the Borrower otherwise becomes insolvent or bankrupt under any court of law; or
(h) a distress, attachment, execution or other legal process is levied, enforced or sued out on or against the assets of the Borrower and in the opinion of the Lender such event has or could have a material adverse effect on the Borrower; or
(i) any present or future security on or over the assets of the Borrower becomes enforceable and in the opinion of the Lender such event has or could have a material adverse effect on the Borrower; or
(j) there occurs, in the opinion of the Lender, a material adverse change in the financial position of the Borrower which would prevent the Borrower from performing in any material respect its obligations hereunder; or
(k) any one or more of the Application Documents not in full force and effect. If any of the Events o...
Events of Default. 10.1. The following events shall be Events of Default for the purposes of these Terms and Conditions:
(a) in respect of any Contract, the Client fails to observe or perform on its due time and date any provision thereof (including, without prejudice to the generality of the foregoing, any of these Terms and Conditions), or in respect of any other agreement or transaction between the Client and CHIEF, the Client fails to observe or perform on its due date any provision thereof or the Client assigns or purports to assign the whole or any part of the benefit of any Contract; or
(b) the Client dies or commits an act of bankruptcy or, being a partnership is dissolved or enters into an arrangement or composition for the benefit of his / their creditors or ceases or threatens to cease to make payment of his / their debts: or
(c) an encumbrancer takes possession or a receiver, trustee or other similar office is appointed in respect of any part of the Client’s undertaking, assets or revenues or a distress, execution or other process is levied or enforced or sued out upon or against any property of the Client and is not removed, discharged or paid out in full within 7 days; or
(d) an administrator or similar officer is appointed, or an administration order made by the Court with respect to the Client or the whole or any part of the Client’s assets; or
(e) any money or security deposited as margin by the Client shall be determined by CHIEF at its sole discretion to be inadequate having regard to the value of Contracts entered into, or proposed to be entered into, by the Client; or
(f) there shall, without the prior written consent of CHIEF, be a debit balance on any account of the Client with CHIEF; or
(g) notwithstanding that none of the above events has occurred, CHIEF considers it necessary for its own protection.
10.2. Without prejudice to any other rights or remedies which CHIEF may have, if any of the Events of Default shall occur:
(a) CHIEF shall not, pending remedy thereof, be obliged to pay over any sum or deliver any assets held by way of security to the Client in respect of any Financial Futures transaction;
(b) CHIEF shall be entitled to suspend performance of any of its obligations to the Client howsoever arising and whether under any Contract or otherwise, including the payment of any sum or sums of money then due or which might thereafter become due, until such time as the Client has fully complied with all his/their obligations to CHIEF;
(c) CHIEF sha...
Events of Default. 11 . 1 . Events of Default. If one or more of the following events of default(each an“Event of Default”)shall occur and be continu- ing,the Agent and the Banks shall be entitled to the remedies set forth in Section 11 . 2
(a) The Borrower shall all to pay any amount payable hereunder as and when such amount shall become payable.
(b) The Borrower shall fail to perform or observe any covenant or agreement contained herein to be performed or observed by it oth- er than those referred to in Section 11 . 1(a),if such failure is not 涉外经济合同范例 remedied within thirty days after it occurs.
(c) Any representation or warranty of the Borrower in this Agreement or any other document delivered in connection with this Agreement shall prove to have been incorrect,incomplete or mislead- ing in any material respect at the time it was made or repeated or deemed to have been made or repeated.
(d) The Borrower or any Subsidiary shall fail to perform or ob- serve any covenant or agreement to be performed or observed by it contained in any other agreement involving the borrowing of money or the advance of credit to which the Borrower or such Subsidiary is a party as borrower or guarartor.
(e) The Borrower or any Subsidiary shall
(i) be dissolved,
(ii) fail or be unable to pay its debts as they become due,
(iii) commence a voluntary case in bankruptcy or any other action or proceeding for any other relief under any similar low affecting creditors’s
(iv) con- sent by answer or otherwise to the commencement against it of an in- voluntary case in bankruptcy or any other such action or proceeding of(v)have commenced against it an involuntary case in bankruptcy or any other such action or proceeding of such case or any other ac- tion or proceeding shall not be dismissed or stayed within sixty days following the commencement thereof or if any such dismissal or stay shall fail to remain in effect.
(f) Any governmental authorization necessary for the perfor- mance of any obligation of the Borrower under this Agreement or the Notes shall fail to remain valid and sub sisting in full force and ef- fect.
(g) Any governmental authority or court shall take any action which,in the reasonable opinion of Majority Banks,adversely affects 涉外经济合同 the condition of the Borro the Borrower to perform it Notes,if such action is not or if such rescission shall (h)The Borrower sha stantial part of its assets o of its business as now con 11 . 2 . Default Remed be contiuing,the Agent x Xxxxx,by notice to the ...
Events of Default. The following events shall be Events of Default (each an “Event of Default”) for the purposes of this Agreement: