Breach, Not Subject to Cure Clause Samples

Breach, Not Subject to Cure. In the event of either an HIN’s material breach of this SCPA, the SHIN-NY SOPs, or the SHIN-NY Regulation that cannot reasonably be cured (as determined by Participant in its reasonable discretion) or Selected HIN’s material breach of the BAA between Selected HIN and Participant relating to this SCPA, Participant may terminate this SCPA immediately upon notice to Selected HIN and NYeC, which notice shall specify the nature of such breach.
Breach, Not Subject to Cure. If the non-breaching party deems the breach is of such a nature as it is not subject to or is incapable of being cured, it shall provide a Notice of Breach to the breaching party of its intent to terminate the Agreement for cause, in which it shall include a date upon which the Agreement terminates.
Breach, Not Subject to Cure. In the event of Participant’s material breach of this SCPA, the SHIN-NY SOPs or the SHIN-NY Regulation that cannot reasonably be cured (as determined by a Designated HIN in its reasonable discretion) or a Participant’s material breach of the BAA between a Designated HIN and Participant relating to this SCPA, such Designated HIN may terminate this SCPA with respect to such Participant upon fifteen (15) days’ notice to each other HIN and Participant.

Related to Breach, Not Subject to Cure

  • Agreement Subject to CAISO Tariff The Parties will comply with all applicable provisions of the CAISO Tariff. This Agreement shall be subject to the CAISO Tariff, which shall be deemed to be incorporated herein.

  • Injunctive Relief with Respect to Covenants Executive acknowledges and agrees that the covenants and obligations of Executive with respect to noncompetition, nonsolicitation, confidentiality and Company property relate to special, unique and extraordinary matters and that a violation of any of the terms of such covenants and obligations may cause the Company irreparable injury for which adequate remedies are not available at law. Therefore, Executive agrees that the Company shall be entitled to obtain an injunction, restraining order or such other equitable relief restraining Executive from committing any violation of the covenants and obligations contained in this Section 9. These injunctive remedies are cumulative and are in addition to any other rights and remedies the Company may have at law or in equity.

  • Conditions to Each Party’s Obligation to Effect the Closing The respective obligation of each party to effect the Closing shall be subject to the satisfaction at or prior to the Closing Date of each of the following conditions:

  • Action by Owners with Respect to Certain Matters The Owner Trustee shall not have the power, except upon the direction of the Owners, to (a) remove the Administrator under the Administration Agreement pursuant to Section 8 thereof, (b) appoint a successor Administrator pursuant to Section 8 of the Administration Agreement, (c) remove the Servicer under the Sale and Servicing Agreement pursuant to Section 8.01 thereof or (d) except as expressly provided in the Basic Documents, sell the Receivables after the termination of the Indenture. The Owner Trustee shall take the actions referred to in the preceding sentence only upon written instructions signed by the Owners.

  • Conditions to Each Party’s Obligation to Effect the Merger The respective obligation of each party to effect the Merger is subject to the satisfaction or waiver on or prior to the Closing Date of the following conditions: