Breach of Project Documents Sample Clauses

Breach of Project Documents. Subject to Section 10.1(h), Borrower or any Project Company (unless waived by the counterparty under the applicable Project Document) or any Major Project Participant shall be in breach of, or default under, any Project Document and any applicable cure period thereunder shall have expired with respect to such breach or default (or, if no cure period is stipulated for such breach or default, the cure period for such default shall be no longer than thirty (30) days) or if the giving of notice would allow Person to terminate such Project Document, and Administrative Agent shall have reasonably determined (with the consent of the Majority Lenders), and have sent a written notice to Borrower to that effect, that such breach or default could reasonably be expected to have a Material Adverse Effect; provided, however, that with respect to a breach or default by any Major Project Participant, if Borrower or any Affiliated Participant shall replace such Major Project Participant with a Replacement Obligor within sixty (60) days of such breach or default, such breach or default shall not be deemed a default under this Financing Agreement; provided, further, however, the Replacement Obligor and the form of such replacement agreement shall be in form and substance satisfactory to the Administrative Agent and the Lenders. For purposes of the foregoing, any cure by any Agent or any Lender on Borrower’s or any Project Company’s behalf with respect to a breach or default by Borrower or any Project Company under a Project Document shall not be considered a remedy under this Financing Agreement for any such breach or default of such Project Document.
AutoNDA by SimpleDocs
Breach of Project Documents. 22.16.1 Any Project Document is terminated otherwise than by reason of full performance or expiry of its term.
Breach of Project Documents. Except for breaches and defaults that exist as of the Effective Date or as otherwise set forth in Section 9.1.3, Greektown Holdings, its Subsidiaries or any other Person shall breach or default under any term, condition, provision, covenant, representation or warranty contained in any Project Document to which such Person is a party and such breach or default shall continue unremedied for thirty (30) days after notice from the Administrative Agent to Greektown Holdings, as applicable; provided, however, that in the case of any Project Document,
Breach of Project Documents. Any of the events described below and subject to the limitations set forth below shall be an Event of Default:
Breach of Project Documents. 84 (a) Borrower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 (b) Third Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 (c) Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 8.1.8 Breach of Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . 85 8.1.9 Term-Conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 8.1.10 Conditions to Initial Distributions . . . . . . . . . . . . . . . . . . . . 86 8.1.11 Loss of Qualifying Facility Status . . . . . . . . . . . . . . . . . . . . . 86 8.1.12 Abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 8.1.13 Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 8.1.14
Breach of Project Documents. (a) any breach of the ASAD Agreement or the Licence and Technology Transfer Agreement by any Shareholder which would have a Material Adverse Effect on the Borrower occurs or (b) any material breach of any of the Project Documents by any of the parties to that Project Document occurs and if in the reasonable opinion of the Majority Lenders that default is capable of remedy, it is not in the reasonable opinion of the Majority Lenders remedied within ten (10) days of its occurrence;
Breach of Project Documents. Subject to Section 8.1(j), any Loan Party (unless waived by the counterparty under the applicable Project Document), Holdco or any Key Project Participant shall be in breach of, or default under, any Project Document and any applicable cure period thereunder shall have expired with respect to such breach or default (or, if no cure period is stipulated for such breach or default, the cure period for such default shall be no longer than thirty (30) days) and such breach or default could reasonably be expected to have a Material Adverse Effect. For purposes of the foregoing, any cure by any Administrative Agent or any Lender on the Borrower’s behalf with respect to a breach or default by the Borrower under a Project Document shall not be considered a remedy under this Agreement for any such breach or default of such Project Document.
AutoNDA by SimpleDocs
Breach of Project Documents. LVSI, VCR or GCCLLC or any other party thereto shall breach or default under any term, condition, provision, covenant, representation or warranty contained in any Material Project Document or any other agreement (other than the Facility Agreements or other Financing Agreements) to which LVSI, VCR or GCCLLC is a party if the effect of such breach or default could reasonably be expected to have a Material Adverse Effect and such breach or default shall continue unremedied for thirty (30) days after notice from any Funding Agent to the Company; provided, however, that in the case of any Project Document, (a) if the breach or default is reasonably susceptible to cure within 90 days but cannot be cured within such thirty (30) days despite the Company's and/or such other party's, as the case may be, good faith and diligent efforts to do so, the cure period shall be extended as is reasonably necessary beyond such thirty (30) day period (but in no event longer than ninety (90) days) if remedial action reasonably likely to result in cure is promptly instituted within such thirty (30) day period and is thereafter diligently pursued until the breach or default is corrected and (b) if the breach is by a party other than the Company, then no Event of Default shall be deemed to have occurred as a result of such breach if the Company provides written notice to the Funding Agents immediately upon (but in no event more than two (2) Banking Days after) the Company, Xxxxxxx, or any of the Company's Subsidiaries becoming aware of such breach that the Company intends to replace such Project Document (or that replacement is not necessary) and (i) the Company obtains a replacement obligor or obligors reasonably acceptable to the Disbursement Agent (in consultation with the Construction Consultant) for the affected party (if in the reasonable judgment of the Disbursement Agent (in consultation with the Construction Consultant) a replacement is necessary), (ii) the Company enters into a replacement Project Document in accordance with Section 6.1 on terms no less beneficial to the Company and the Lenders in any material respect than the Project Document so terminated within sixty (60) days of such termination (if in the reasonable judgment of the Disbursement Agent (in consultation with the Construction Consultant) a replacement is necessary), and (iii) such termination, after considering any replacement obligor and replacement Project Document and the time required to implement su...
Breach of Project Documents 

Related to Breach of Project Documents

  • Project Documents In addition to any other pertinent and necessary Project documents, the following documents shall be used in the development of the Project:

  • Amendment of Material Documents No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

  • Material Contracts; Defaults Except for those agreements and other documents filed as exhibits to its SEC Documents, neither it nor any of its Subsidiaries is a party to, bound by or subject to any agreement, contract, arrangement, commitment or understanding (whether written or oral) (i) that is a "material contract" within the meaning of Item 601(b)(10) of the SEC's Regulation S-K or (ii) that materially restricts the conduct of business by it or any of its Subsidiaries. Neither it nor any of its Subsidiaries is in default under any contract, agreement, commitment, arrangement, lease, insurance policy or other instrument to which it is a party, by which its respective assets, business, or operations may be bound or affected, or under which it or its respective assets, business, or operations receives benefits, and there has not occurred any event that, with the lapse of time or the giving of notice or both, would constitute such a default.

  • Compliance with Laws and Agreements; No Default Except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, each Loan Party and each Subsidiary is in compliance with (i) all Requirement of Law applicable to it or its property and (ii) all indentures, agreements and other instruments binding upon it or its property. No Default has occurred and is continuing.

  • Contractor Guaranties Contractor shall:

  • Material Contract Defaults The Company is not, or has not received any notice or has any knowledge that any other party is, in default in any respect under any Material Contract; and there has not occurred any event that with the lapse of time or the giving of notice or both would constitute such a material default. For purposes of this Agreement, a “Material Contract” means any contract, agreement or commitment that is effective as of the Closing Date to which the Company is a party (i) with expected receipts or expenditures in excess of $50,000, (ii) requiring the Company to indemnify any person, (iii) granting exclusive rights to any party, (iv) evidencing indebtedness for borrowed or loaned money in excess of $50,000 or more, including guarantees of such indebtedness, or (v) which, if breached by the Company in such a manner would (A) permit any other party to cancel or terminate the same (with or without notice of passage of time) or (B) provide a basis for any other party to claim money damages (either individually or in the aggregate with all other such claims under that contract) from the Company or (C) give rise to a right of acceleration of any material obligation or loss of any material benefit under any such contract, agreement or commitment.

  • Performance of Material Contracts Perform and observe all the terms and provisions of each Material Contract to be performed or observed by it, maintain each such Material Contract in full force and effect, enforce each such Material Contract in accordance with its terms, take all such action to such end as may be from time to time requested by the Administrative Agent and, upon request of the Administrative Agent, make to each other party to each such Material Contract such demands and requests for information and reports or for action as any Loan Party or any of its Subsidiaries is entitled to make under such Material Contract, and cause each of its Subsidiaries to do so, except, in any case, where the failure to do so, either individually or in the aggregate, could not be reasonably likely to have a Material Adverse Effect.

  • Project Agreements Provided that where the company commences work on a project where a site agreement exists to which the company is contractually obligated or where a site agreement exists between the union and the client or their agent that provides for higher rates of pay and conditions, the conditions contained in any such site agreement will take precedence over this Agreement for the duration of the project.

  • Compliance with Laws and Material Contractual Obligations Each Loan Party will, and will cause each Subsidiary to, (i) comply with each Requirement of Law applicable to it or its property (including without limitation Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party, except, in each case, where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. Each Loan Party will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

  • Compliance with Material Contracts Each Credit Party shall, and shall cause each of its Subsidiaries to, perform and observe all the material terms and provisions of each Material Contract to be performed or observed by it, maintain each such Material Contract in full force and effect, enforce each such Material Contract in accordance with its terms, take all such action to such end as may be from time to time reasonably requested by the Administrative Agent and, upon the reasonable request of the Administrative Agent, make to each other party to each such Material Contract such demands and requests for information and reports or for action as any Credit Party is entitled to make under such Material Contract.

Time is Money Join Law Insider Premium to draft better contracts faster.