Provider Defaults Clause Samples

Provider Defaults. The following events shall be defaults with respect to Provider (each, a “Provider Default”): (i) A Bankruptcy Event shall have occurred with respect to Provider; (ii) Provider fails to pay Purchaser any undisputed amount owed under the Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; and (iii) Provider breaches any material term of the Agreement and (A) if such breach can be cured within thirty (30) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to commence and pursue a cure within such thirty (30) day period if a longer cure period is needed.
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Provider Defaults. The following events shall be defaults with respect to Provider so long as continuing (each, a “Provider Default”): i. Provider shall (A) apply for or consent to the appointment of, or the taking of possession by, a receiver, custodian, trustee or liquidator of itself or of all or a substantial part of its property;
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Provider Defaults. The following events shall be defaults with respect to Provider (each, a “Provider Default”): (i) Subject in each case to Force Majeure Event(s), Provider fails to commence Installation Work in accordance with Section 3 of this Agreement by the Construction Start Date or fails to complete the Installation Work within five (5) months from the date of commencing the Installation Work; (ii) Purchaser’s third-party independent engineer determines before the Commercial Operation Date that the Installation Work is completed with substandard materials; (iii) The System fails to provide at least seventy percentage (70%) of the Estimated Annual Production for two consecutive years, provided that such failure is not due to a Purchaser Act, or the acts or omissions of the Host, the District, or the County; third- party shading of the System; or an Event of Force Majeure; (iv) Provider defaults under the lease or the license, as applicable, for the Premises and fails to cure such default within the cure period specified therein. (v) A Bankruptcy Event shall have occurred with respect to Provider; (vi) Provider fails to pay Purchaser any undisputed amount owed under the Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; or (vii) Provider breaches any material term of the Agreement, not otherwise specified above, and (A) if such breach can be cured within thirty (30) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to promptly commence and diligently pursue a cure within such thirty (30) day period if a longer cure period is needed.
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Provider Defaults. The following events shall be defaults with respect to Provider (each, a “Provider Default”): (i) A Bankruptcy Event shall have occurred with respect to Provider; (ii) Provider fails to pay Purchaser any undisputed amount owed under the Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; (iii) Provider breaches any material term of the Agreement and (A) if such breach can be cured within thirty (30) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to commence and pursue a cure within such thirty (30) day period if a longer cure period is needed; and (iv) After commencement of Installation Work at Premises and prior to the Commercial Operation Date, Provider abandons the System and fails to remove the System (or any portion thereof) from the Premises.
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Provider Defaults. Subject to the provisions of Exhibit A, the following events shall be defaults with respect to each applicable Provider (each, a “Provider Default”): (i) a Bankruptcy Event shall have occurred with respect to such Provider; (ii) Master Provider or such Provider fails to provide Allocated Value to Off-Taker under the Agreement pursuant to the Allocated Value Payment provisions of the Master Administrative Services Agreement; (iii) for all Providers if Master Provider fails to maintain the “Minimum Balance” referenced in Section 3 of the Escrow Agreement; or (iv) a Provider breaches any material term of the Agreement and (A) if such breach can be cured within fifteen (15) days after Off-Taker’s written notice of such breach and such Provider fails to so cure, or (B) such Provider fails to commence and diligently pursue a cure within such 5-day period if a longer cure period is needed; provided, however, that such Provider shall not be entitled to a cure period in excess of one hundred twenty (120) days in total.
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Provider Defaults. Each of the following events shall be defaults under each SPPA with respect to Provider (each, a “Provider Default”): (i) A Bankruptcy Event shall have occurred with respect to Provider; (ii) Provider fails to pay Purchaser any undisputed amount owed under such SPPA within thirty (30) days from receipt of notice from Purchaser of such past due amount; (iii) Provider breaches any material term of such SPPA (including any material term of this Master Agreement as applicable thereto) and (A) if such breach can be cured within sixty (60) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to commence and pursue a cure within such sixty (60) day period if a longer cure period is needed; provided, that such longer cure period shall not extend beyond, and such breach shall be cured within, ninety (90) days after Purchaser’s written notice of such breach; or (iv) Any material representation or warranty made by Provider in this Agreement shall prove to have been false or misleading in any material respect when made and (A) if such representation or warranty can be cured or corrected within thirty (30) days after Purchaser’s written notice thereof, Provider fails to so cure or correct such representation or warranty, or (B) if such representation or warranty can be cured or corrected within a longer period, Provider fails to commence and pursue such cure or correction within such thirty (30) day period or Provider fails to effect such cure or correction within such longer period or ceases to pursue such cure or correction.
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Provider Defaults. The following events shall be a default with respect to Provider (each, a “Provider Default”): (i) Provider (A) commences a voluntary case under any bankruptcy law; (B) fails to controvert in a timely and appropriate manner, or acquiesces in writing to, any petition filed against Provider in an involuntary case under any bankruptcy law; or (C) any involuntary bankruptcy proceeding commenced against Provider remains undismissed or undischarged for a period of ninety (90) days; and (ii) (ii) Provider breaches any material term of this Agreement and, if such breach is capable of being cured, (A) within thirty (30) days after Purchaser’s notice of such breach, Provider has failed to cure the breach, or (B) if Provider has diligently commenced work to cure such breach during such thirty (30) day period but additional time is needed to cure the breach, not to exceed a total of ninety (90) days from the date of Purchaser’s notice, Provider has failed to cure the breach within such sixty (60) day period;
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Provider Defaults. The following events shall be defaults with respect to Provider (each, a “Provider Default”): (i) A Bankruptcy Event shall have occurred with respect to Provider; (ii) Provider fails to pay Purchaser any undisputed amount owed under this Agreement within thirty (30) days from receipt of notice from Purchaser of such past due amount; and (iii) Provider breaches any material representation, warranty, covenant or other term of this Agreement and (A) if such breach can be cured within thirty (30) days after Purchaser’s written notice of such breach and Provider fails to so cure, or (B) Provider fails to commence and pursue a cure within such thirty (30) day period if a longer cure period is needed, provided that if Provider is using commercially reasonable efforts to pursue such cure, and such breach is not capable of being cured within such period of thirty (30) days with the exercise of reasonable diligence, then such cure period shall be extended for an additional reasonable period of time (not to exceed one hundred eighty (180) days) so long as Provider is exercising commercially reasonable efforts to cure such failure and keeping Purchaser apprised of its cure efforts.
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Provider Defaults 
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Related to Provider Defaults

  • Other Defaults Any Loan Party fails to perform or observe any other covenant or agreement (not specified in Section 8.01(a) or (b) above) contained in any Loan Document on its part to be performed or observed and such failure continues for thirty (30) days after notice thereof by the Administrative Agent to the Borrower; or

  • Customer Default The occurrence at any time of any of the following events shall constitute a “Customer Default”:

  • Servicer Defaults If any one of the following events (each, a “Servicer Default”) shall occur and be continuing there shall be a Servicer Default: (a) any failure by the Servicer to deliver to the related Trustee for deposit in any of the Accounts or the Certificate Distribution Account any required payment or to direct the Indenture Trustee to make any required distributions therefrom, which failure continues unremedied for a period of five (5) Business Days after discovery of such failure by an officer of the Servicer or after the date on which written notice of such failure, requiring the same to be remedied, shall have been given (i) to the Servicer by the related Trustee or (ii) to the Servicer and to the Trustees by the Noteholders, evidencing not less than 25% of the Outstanding Amount of the Notes; (b) failure by the Servicer duly to observe or to perform in any material respect any other covenants or agreements of the Servicer set forth in this Agreement or any other Basic Document, which failure shall (i) materially and adversely affect the rights of Certificateholders or Noteholders and (ii) continue unremedied for a period of ninety (90) days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given (A) to the Servicer by the related Trustee or (B) to the Servicer, and to the related Trustee by the Noteholders, evidencing not less than 25% of the Outstanding Amount of the Notes; or (c) the occurrence of an Insolvency Event with respect to the Servicer; provided, however, that (A) if any delay or failure of performance referred to in clause (a) above shall have been caused by Force Majeure or other similar occurrences, the five (5) Business Day grace period referred to in such clause (a) shall be extended for an additional sixty (60) days and (B) if any delay or failure of performance referred to in clause (b) above shall have been caused by Force Majeure or other similar occurrences, the ninety (90) day grace period referred to in such clause (b) shall be extended for an additional sixty (60) days. If a Servicer Default shall have occurred and be continuing, either the Noteholders evidencing not less than 25% of the Outstanding Amount of the Notes or the Indenture Trustee, at the request or direction of the Noteholders evidencing not less than 25% of the Outstanding Amount of the Notes (or, if the Notes have been paid in full and the Indenture has been discharged in accordance with its terms, by holders of Certificates evidencing not less than 25% of the Percentage Interests), by notice then given in writing to the Servicer and the Owner Trustee (and to the Indenture Trustee if given by the Noteholders) may terminate all the rights and obligations (other than the obligations set forth in Section 6.02 that accrued on or prior to the effective date of the termination) of the Servicer under this Agreement. On or after the date specified in such written notice, all authority and power of the Servicer under this Agreement, whether with respect to the Notes, the Certificates or the Receivables or otherwise, shall, without further action, pass to and be vested in the Indenture Trustee or such Successor Servicer as may be appointed under Section 7.02; and, without limitation, the Indenture Trustee and the Owner Trustee are hereby authorized and empowered to execute and deliver, for the benefit of the predecessor Servicer, as attorney-in-fact or otherwise, any and all documents and other instruments, and to do or accomplish all other acts or things necessary or appropriate to effect the purposes of such notice of termination, whether to complete the transfer and endorsement of the Receivables and related documents, or otherwise. The predecessor Servicer shall cooperate with the Successor Servicer and the Trustees in effecting the termination of the responsibilities and rights of the predecessor Servicer under this Agreement, including the transfer to the Successor Servicer for administration by it of all cash amounts that shall at the time be held by the predecessor Servicer for deposit, or have been deposited by the predecessor Servicer, in the Accounts or the Certificate Distribution Account or thereafter received with respect to the Receivables that shall at that time by held by the predecessor Servicer. All reasonable costs and expenses (including servicer conversion costs and attorneys’ fees) incurred in connection with transferring the Receivable Files to the Successor Servicer and amending this Agreement to reflect such succession as Servicer pursuant to this Section shall be paid by the predecessor Servicer upon presentation of reasonable documentation of such costs and expenses. Any costs or expenses incurred in connection with a Servicer Default shall constitute an expense of administration under Title 11 of the United States Bankruptcy Code or any other applicable Federal or State bankruptcy laws. Upon receipt of notice of the occurrence of a Servicer Default, the Indenture Trustee shall give notice thereof to the Administrator, and in accordance with Section 1.02(c) of the Administration Agreement, the Administrator shall make such notice available to each Rating Agency.

  • Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract.

  • Specific Defaults The Company fails to perform or observe any term, covenant or agreement contained in any of Section 6.01, 6.02, 6.03 or 6.09(c) or in Article VII; or