Defaulting Participant definition
Defaulting Participant means a Participant which the Project Committee has declared to be in substantial breach of this Consortium Agreement or the PPP Allowance Agreement in accordance with Sections 3.5 and 6.5 of this Consortium Agreement;
Defaulting Participant shall have the meaning assigned to it in Section 1 of the Participation Agreement.
Defaulting Participant means a Participant which fails to make the payments into its Repayment Fund required by its District Note Resolution on or before [Maturity Date].
Examples of Defaulting Participant in a sentence
The aggregate amount of Entergy Prepaid Rent shall not, on a cumulative basis during the Construction Period, exceed the sum of 10% (exclusive of any additional costs incurred to meet applicable regulatory requirements of a Governmental Authority) of the Aggregate Commitment Amount plus amounts of Advances funded by the Construction Agent due to any failure to fund such Advance or any portion thereof by any Defaulting Participant.
In either event, Lessee or the Administrative Agent may elect to have the Defaulting Participant replaced with a new Participant acceptable to the Lessee, and the Administrative Agent and the Defaulting Participant shall cooperate (at no cost to the Lessee) in replacing such Defaulting Participant with a replacement Participant in accordance with Section 12.1(a).
More Definitions of Defaulting Participant
Defaulting Participant means a Participant which has failed to fund its portion of any Advance which it is required to fund under the Participation Agreement and has continued in such failure for three (3) Business Days after written notice from Agent.
Defaulting Participant means, at any time, subject to Section 2.17(b), (i) any Participant that has failed for two (2) or more Business Days to comply with its obligations under this Agreement to fund any Participant Funding (each a “funding obligation”), unless such Participant has notified the Servicer and the Sponsor in writing that such failure is the result of such Participant’s determination that one or more conditions precedent to funding has not been satisfied (which conditions precedent, together with any applicable Credit Event, will be specifically identified in such writing), (ii) any Participant that has notified the Servicer in writing, or has stated publicly, that it does not intend to comply with any such funding obligation hereunder, unless such writing or public statement states that such position is based on such Participant’s determination that one or more conditions precedent to funding cannot be satisfied (which conditions precedent, together with any applicable Credit Event will be specifically identified in such writing or public statement), (iii) any Participant that has defaulted on its obligation to fund generally under any other loan agreement, credit agreement or other financing agreement, (iv) any Participant that has, for three (3) or more Business Days after written request of the Servicer or the Sponsor, failed to confirm in writing to the Servicer and the Sponsor that it will comply with its prospective funding obligations hereunder (provided that such Participant will cease to be a Defaulting Participant pursuant to this clause (iv) upon the Servicer’s and the Sponsor’s receipt of such written confirmation), (v) any Participant with respect to which a Participant Insolvency Event has occurred and is continuing or (vi) any Participant that has become the subject of a Bail-In Action. Any determination by the Servicer that a Participant is a Defaulting Participant will be conclusive and binding, absent manifest error, and such Participant shall be deemed to be a Defaulting Participant (subject to Section 2.17(b)) upon notification of such determination by the Servicer to the Sponsor and the Participants.
Defaulting Participant means, at any time, any of the Participants which at such time has (i) failed to make a payment when due to the Lessor equal to its Commitment Percentage of an Advance, (ii) has been notified of such failure by the Lessor, and (iii) has not cured such failure by making such payment, together with interest at the Late Payment Rate.
Defaulting Participant has the meaning given to it in clause 13.
Defaulting Participant means any Participant who fails to advance to the Fund the entire amount which is the subject of a Drawdown Request or which remains due 5 Business Days following the date mentioned in by the Fund Manager, after which date the Fund Manager sent a written notice to that Participant designating
Defaulting Participant means any Participant that has failed to make a payment when due to BNPPLC equal to the Participant’s Percentage of an Anticipated Advance as required by subparagraph 3(B) below.
Defaulting Participant means, at any time, any Participant that, at such time (a) has failed to make an Advance of a Loan or Certificate Holder Amount, as the case may be, required pursuant to the terms of the Participation Agreement, (b) has failed to pay to the Administrative Agent, the Agent Certificate Holder, any Lender, or any Lessor an amount owed by such Participant pursuant to the terms of the Operative Documents, or (c) has been declared insolvent or has become subject to a bankruptcy or insolvency proceeding or to a receiver, trustee or similar official.