Non-Monetary Default shall have the meaning assigned to such term in Section 11(d).
Non-Monetary Default shall have the meaning assigned to such term in Section 32(d).
Non-Monetary Default means an Event of Default other than a Monetary Default.
Examples of Non-Monetary Default in a sentence
The Operator specifically and expressly acknowledges that damages would not constitute an adequate remedy to the County for any Non-Monetary Default.
More Definitions of Non-Monetary Default
Non-Monetary Default means any default which is not a Monetary Default or an Incurable Default. As used herein, the term "Incurable Default" shall mean (i) any voluntary or involuntary sale, assignment, encumbering or transfer in violation of the covenants of Section 30 the Security Deed or (ii) if Maker or its general partner should make an assignment for the benefit of creditors, become insolvent, or file a petition in bankruptcy (including but not limited to, a petition seeking a rearrangement or reorganization).
Non-Monetary Default means the occurrence of any default, other than the failure to pay principal, premium or interest, on the Bonds or any document or instrument related to the Bonds.
Non-Monetary Default means any default which is not a Monetary Default or an Incurable Default. As used herein, the term "Incurable Default" shall mean either: (i) any voluntary or involuntary sale, assignment, mortgaging, encumbering or transfer in violation of the covenants contained herein; or (ii) if Borrower, or any person or entity comprising Borrower or any guarantor or indemnitor of the Loan, should make an assignment for the benefit of creditors, become insolvent, or file a petition in bankruptcy (including but not limited to, a petition seeking a rearrangement or reorganization) which is not dismissed within sixty (60) days after the filing of same. Lender may institute an action to foreclose this Mortgage as to the amount so declared due and payable, and thereupon, the Property shall be sold according to law to satisfy and pay the same together with all costs, expenses and allowances thereof, including, without limitation, Reasonable Attorney's Fees. The Property may be sold in one parcel, several parcels or groups of parcels, and Lender shall be entitled to bid at the sale, and, if Lender is the highest bidder for the Property or any part or parts thereof, Lender shall be entitled to purchase the same. The failure or omission on the part of Lender to exercise the option for acceleration of maturity of the Note and foreclosure of this Mortgage following any default as aforesaid or to exercise any other option or remedy granted hereunder to Lender when entitled to do so in any one or more instances, or the acceptance by Lender of partial payment of the Loan secured hereby, whether before or subsequent to Borrower's default hereunder, shall not constitute a waiver of any such default or the right to exercise any such option or remedy, but such option or remedy shall remain continuously in force. Acceleration of the maturity of the Note, once claimed hereunder by Lender, at the option of Lender, may be rescinded by written acknowledgment to that effect by Lender, but the tender and acceptance of partial payments alone shall not in any way affect or rescind such acceleration of maturity, nor act as a waiver, accord and satisfaction, modification, novation or similar defense.
Non-Monetary Default means any default under Section 8 of this Agreement other than a Monetary Default.
Non-Monetary Default shall have the meaning set forth in Section 8.1(b) below.
Non-Monetary Default shall have the definition set forth in Section 9.01.
Non-Monetary Default means any default which is not a Monetary Default or an Incurable Default. As used herein, the term “Incurable Default” shall mean either: (i) any voluntary or involuntary sale, assignment, mortgaging or transfer of the Property or ownership interests in Borrower in violation of the covenants of the Deed of Trust; or (ii) a breach of any provision of Section 22 of the Deed of Trust. As used herein, the term “Loan Year” shall mean each twelve month period beginning with October 1, 2008, and each anniversary thereof Notwithstanding any provision of this Note to the contrary, during any period of default, regardless of any cure period for such default, in each instance under this Note, the Deed of Trust or any of the other Loan Documents in which either (i) Borrower is permitted to take a material action without Lender’s consent, or (ii) Lender’s consent is to be reasonably exercised, Xxxxxx’s consent shall be required and shall be granted or withheld in Lender’s sole and absolute discretion. Notwithstanding anything contained in the Loan Documents, Borrower shall pay all costs and expenses in connection with any consent required by Lender (whether or not such consent is granted), including, without limitation, all costs, fees and expenses (including legal fees) incurred by Lender in determining whether to grant the requested consent.