Common use of Default Allocations for VF Clause in Contracts

Default Allocations for VF. In the event Cogentrix GP or Cogentrix LP defaults or breaches any of its obligations under this Agreement and such default or breach has not been remedied within any applicable cure period, or any representation or warranty made by Cogentrix GP or Cogentrix LP under this Agreement proves to have been untrue when made and (a) as a result thereof the Partnership, VF Delaware and VF (or any of them) incurs or suffers an Adverse Consequence and (b) VF Delaware or VF gives written notice of such Adverse Consequence to the Partnership and, if the amount thereof is unknown, its good faith estimate of the amount of such Adverse Consequence, then the Partnership shall thereafter refrain from making any distributions to Cogentrix GP and Cogentrix LP (or either of them) under this Agreement (any such distribution that would have been made but for this Section 5.3 is hereinafter referred to as a "Blocked Distribution") and shall take the following steps:

Appears in 6 contracts

Samples: Cogentrix Energy Inc, Ecoscience Corp/De, Ecoscience Corp/De

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