Total Amount in Default definition
Examples of Total Amount in Default in a sentence
No Defaulting Party may, and any Defaulting Party shall cause its Affiliates not to, Transfer all or any part of its Joint Development Interest or undergo a Change in Control unless and until the Total Amount in Default is paid by such Defaulting Party or its transferee or any other Person on behalf of such Defaulting Party and then further subject to compliance with the other provisions of this ARTICLE IV.
If the valuation of the Defaulting Party’s Participating Interest is referred to an expert, such expert shall determine the Appraised Value which shall be equal to the fair market value of the Defaulting Party’s Participating Interest, less the following: (i) the Total Amount in Default; (ii) all costs, including the costs of the expert, to obtain such valuation; and (iii) ninety percent (90%) of the fair market value of the Defaulting Party’s Participating Interest.
A Defaulting Member, including a Defaulting Member under Section 4.3, shall continue as such until the earliest of (a) such Member’s cure of the applicable default and, if applicable, payment of the Total Amount in Default, and (b) such Member’s removal from the Company.
The CFO shall notify the Members and the MMC whether such non-paying Member pays its Total Amount in Default within the Cure Period.
The notice provided to the non-paying Member shall require that such Member pay its Total Amount in Default within 30 days (the “Cure Period”) of the date of such notice.