CERTAIN DEFAULT Sample Clauses

CERTAIN DEFAULT. In the event a default by Tenant occurs in the performance or observance of any term, covenant, condition, or agreement on Tenant's part to be performed under this Lease (other than a term, covenant, condition or agreement requiring the payment of a sum of money) which cannot practicably be cured by the Leasehold Mortgagee without taking possession of the Leased Premises (or if such default is of such a nature that the same is not susceptible, of being cured by the Leasehold Mortgagee), then Landlord shall not serve a notice of election to terminate this Lease pursuant to the terms of Paragraph 17.2(a), or otherwise terminate the leasehold estate or any other estate, right, title or interest of Tenant hereunder by reason of such default without allowing the Leasehold Mortgagee reasonable time within which:
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CERTAIN DEFAULT. Owner may terminate this Agreement by 30 days' written notice to Manager at any time within one year after the occurrence of a "Termination Default Event." As used herein, "Termination Default Event" means the material fraudulent conduct by the Manager resulting in material damage to Owner (but unauthorized acts of employees of Manager, such as employee theft, will not constitute fraud by the Manager), (ii) willful breach of fiduciary duty resulting in material damage to Owner, or (iii) the occurrence during any two calendar year period of three or more Untimely Cured Notice Defaults which cover similar defaults by Manager. As used herein, "Untimely Cured Notice Default means the occurrence of a material default by Manager hereunder and the failure of Manager to cure the same within thirty (30) days after written notice of such default by Owner (unless the same is a nonmonetary default which cannot be cured within such thirty (30) day period, in which event such default will not be an Untimely Cured Notice Default if Manager promptly commences and diligently and continuously pursues to completion for the cure of same). (b)
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Related to CERTAIN DEFAULT

  • Action Upon Default Agent shall not be deemed to have knowledge of any Default or Event of Default, or of any failure to satisfy any conditions in Section 6, unless it has received written notice from a Borrower or Required Lenders specifying the occurrence and nature thereof. If a Lender acquires knowledge of a Default, Event of Default or failure of such conditions, it shall promptly notify Agent and the other Lenders thereof in writing. Each Secured Party agrees that, except as otherwise provided in any Loan Documents or with the written consent of Agent and Required Lenders, it will not take any Enforcement Action, accelerate Obligations (other than Secured Bank Product Obligations) or assert any rights relating to any Collateral.

  • Upon Default Landlord shall have the right to pursue any one or more of the following remedies:

  • Rights on Default On the occurrence of an Event of Default, we may exercise our rights under this clause, except that in the case of the occurrence of any Event of Default specified in Clause 14.2 or Clause 14.3 of the definition of Events of Default (each a “Bankruptcy Default”), the automatic termination provision of this clause shall apply.

  • Reservation Default Failure by the Borrower to have reserve for issuance upon conversion of the Note the amount of Common stock as set forth in the Subscription Agreement.

  • Termination; Default If Contractor is in default of any of its obligations under this Contract and has not commenced cure within ten days after receipt of a written notice of default from County and cured such default within the time specified in the notice, the County shall immediately be entitled to either commence resolution in accordance with this paragraph or to terminate this Contract by giving written notice to take effect immediately. Default shall include failure to carry out any of the requirements of this Contract, including, but not limited to not providing enough properly skilled workers or proper materials, persistently disregarding laws and or ordinances, not proceeding with the work as agreed to herein, or otherwise substantially violating any provision of this Contract. Upon termination of the Contract with Contractor, the County may begin negotiations with a third-party Contractor to provide goods and/or services as specified in this Contract. The right of either party to terminate this Contract hereunder shall not be affected in any way by its waiver of or failure to take action with respect to any previous default.

  • Termination Upon Default Either Party may terminate this Agreement in whole or in part in the event of a default by the other Party; provided however, that the non-defaulting Party notifies the defaulting party in writing of the alleged default and that the defaulting Party does not cure the alleged default within sixty (60) calendar days of receipt of written notice thereof. Default is defined to include:

  • Automatic Defaults If any Event of Default referred to in Section 7.11 hereof shall occur:

  • Termination on Default The Authority may terminate this Framework Agreement by serving written notice on the Supplier with effect from the date specified in such notice where the Supplier commits a Material Default and if:

  • Rights Upon Default When any Default has occurred and is continuing -------------------- the Lender may, in addition to such other rights or remedies as it may have, then or at any time or times thereafter exercise with respect to the Collateral any and all of the rights, options and remedies of a secured party under the Uniform Commercial Code of New Jersey (the "UCC") including without limitation the sale of all or any part of the Collateral at any brokers' board or any public or private sale, provided, however that the Lender shall only be able to exercise such rights and remedies to the extent of all interest and principal payments which are due and payable as of the date of the Default and provided further that prior to such exercise the Lender shall release from the Collateral so much thereof as it would have been required to release under Section 3.4 hereof if the period from the previous December 31 to the date of such release constituted a Plan Year and no Default had occurred. The net proceeds of any such sale, after deducting all costs and expenses incurred in the collection, protection, sale and delivery of the Collateral (which expenses Borrower promises to pay) shall be applied first to the payment of any costs and expenses incurred by the Lender in selling or otherwise disposing of the Collateral, second, to the payment of the principal of and the interest on the Note, and, third, ratably as among any other items of the indebtedness hereby secured. Any surplus remaining after the full payment and satisfaction of the foregoing shall be returned to the Borrower or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto. Any requirement of said UCC as to reasonable notice shall be met by the Lender personally delivering or mailing notice (by certified mail - return receipt requested) to the Borrower at its address as provided in Section 10.6 hereof at least ten (10) days prior to the event giving rise to the requirement of such notice. In connection with any offer, solicitation or sale of the Collateral, the Lender may restrict bidders and otherwise proceed in whatever manner it reasonably believes appropriate in order to comply or assure compliance with applicable legal requirements pertaining to the offer and sale of securities of the same type as the Collateral.

  • Succession upon Default Each of the following events shall constitute an Event of Default by Xxxxxx Xxx hereunder:

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