General default provision Clause Samples

A general default provision outlines the consequences and procedures that apply if one party fails to fulfill its obligations under the agreement. Typically, this clause specifies what constitutes a default, such as missed payments or failure to perform required duties, and details the steps the non-defaulting party may take, such as providing notice, allowing a cure period, or pursuing remedies like termination or damages. Its core function is to provide a clear framework for addressing breaches, thereby reducing uncertainty and helping both parties understand their rights and responsibilities in the event of non-performance.
General default provision. 7.1 Without prejudice to any rights that have accrued under this Agreement or any of its rights or remedies, either Party may terminate this Agreement with immediate effect by giving notice to the other Party if: 7.1.1 the other Party suspends payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or is deemed unable to pay its debts within the meaning of section 123 of the English Insolvency ▇▇▇ ▇▇▇▇; or 7.1.2 the other Party defaults under any indebtedness for borrowed money, which default (a) is caused by a failure to pay principal of, or interest or premium, if any, on such indebtedness prior to the expiration of the grace period provided in such indebtedness (“payment default”) or (b) results in the acceleration of such indebtedness prior to the maturity date on which the payment of principal is due and payable (excluding any contingent obligations to repay, redeem or repurchase any such principal prior to the date originally scheduled for the payment thereof); and, in each case, (i) the principal amount of any such indebtedness, together with the principal amount of any other such indebtedness under which there has been a payment default or the maturity of which has been so accelerated, aggregates USD 20.0 million or more; and (ii) such circumstances reasonably impact upon the ability of the Party in default to perform their obligations under this Agreement or any of the MOAs; or 7.1.3 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other Party, and that petition, notice, resolution or order is not discharged within 14 (fourteen) days; or 7.1.4 an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other Party, and that application, order, notice or appointment is not discharged within 14 (fourteen) days; or 7.1.5 a person becomes entitled to appoint a receiver over the assets of the other Party or a receiver is appointed over the assets of the other Party; or 7.1.6 the other Party is the subject of a bankruptcy petition or order, and that petition or order is not discharged within 14 (fourteen) days; or 7.1.7 the other Party fails to pay final judgments aggregation in excess of USD 20 million (net of any amounts that a reputable and creditworthy insurance company ha...
General default provision. 7.1 Without prejudice to any rights that have accrued under this Agreement or the MOAs or any of its rights or remedies, either Party may terminate this Agreement and the MOAs with immediate effect by giving notice to the other Party if: (a) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other Party; or (b) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other Party; or (c) a receiver is appointed over the assets of the other Party; or (d) the other Party is the subject of a bankruptcy petition or order. 7.2 For the purposes of this Clause 7.1, the Sellers constitute one Party and Buyers constitute the other Party.