Customer Event of Default Clause Samples

A Customer Event of Default clause defines the specific circumstances under which a customer is considered to be in default under an agreement. Typically, this includes situations such as failure to make payments on time, breach of material obligations, insolvency, or providing false information. When triggered, this clause allows the service provider or counterparty to take remedial actions, such as suspending services, demanding immediate payment, or terminating the contract. Its core function is to clearly outline what constitutes default, thereby protecting the provider’s interests and ensuring both parties understand the consequences of non-compliance.
Customer Event of Default. Without prejudice to any other rights and remedies of PLL under this Agreement or at law, PLL may terminate this Agreement by serving a prior 7 Days written notice to the Customer upon the occurrence of any of the following events (“Customer Default”): (a) the Customer: (i) any assignment or transfer of rights and obligations under this Agreement in violation of the terms of this Agreement. (ii) the occurrence of any of the following events: (i) the passing of a resolution by the shareholders of the Customer for winding up, (ii) the appointment of a provisional liquidator in case of bankruptcy adjudged by a court of competent jurisdiction, which appointment has not been set aside or stayed within ninety (90) days of such appointment, or (iii) the making of an order winding up the Customer by a court of competent jurisdiction; and (iii) any statement, representation or warranty made by the Customer herein proving to have been incorrect, in any respect, when made or when deemed to have been made and the circumstances that cause such failure or incorrect statement, representation or warranty to be incorrect having a material adverse effect the Customer’s ability to perform its obligations under this Agreement. (iv) any material breach by the Customer of this Agreement including due to failure to supply LNG or unreasonable delay in supply of LNG or persistent failure to off-take RLNG or delivery of off-spec LNG that leads to failure to supply LNG which is not remedied within thirty (30) days after notice from the PLL, which notice (i) states that a material breach of this Agreement has occurred and is continuing which could result in the termination of this Agreement, (ii) identifies the breach in question in reasonable detail, and (iii) demands remedy thereof. Material breaches by the Customer include but are not limited to: (A) Failure to supply LNG as per Schedule 1 (Inventory Management); (B) Delay in supplying LNG as per Schedule 1 (Inventory Management); (C) Delivery of off-spec LNG that may be consider a failure to supply LNG by PLL; (D) Persistent failure to off-take RLNG; and (E) Failure to provide the written confirmation from SSGC and SNGPL as per Section 17.3. (v) the revocation, withdrawal, or cancellation of regulatory approvals and/or licenses required by the Customer, under the laws of Pakistan, to fulfil its obligations under this Agreement. (b) the Customer fails to comply with its obligations to maintain or replace the Security Deposit or fa...
Customer Event of Default. If the Generator exercises a valid termination of this Agreement, Generator may remove the System from the Premises. Customer shall reimburse Generator of actual cost of removal. In addition, upon such termination, Customer shall pay the Termination Fee as identified in Schedule C.
Customer Event of Default. In addition to any other events set out in this Agreement, the occurrence of any one or more of the following events shall constitute a default by Customer under this Agreement and shall be considered an event of default (a “Customer Event of Default”) if such default is not remedied prior to the expiry of the relevant notice period (if any) or the relevant cure period (if any) applicable to such default as hereinafter set out: (i) if Customer fails to make any payment or payments of the Service Fees or any other sums owing under the Agreement, and where such default continues for thirty (30) days after written notice has been issued to Customer by Company stating the nature of the default; (ii) if Customer fails to perform any covenant or obligation that Customer was required to perform under this Agreement and where such default is capable of being cured using reasonable diligence and shall continue unremedied: (i) for a period of thirty (30) days after written notice has been issued to Customer by Company stating the nature of the default; or (ii) such longer period as may be reasonably necessary to cure such failure, provided that Customer has demonstrated that: (1) it is proceeding with all due diligence to cure or cause to be cured such failure, (2) its proceedings can be reasonably expected to cure or cause to be cured such failure within a reasonable time frame acceptable to Company, acting reasonably, and
Customer Event of Default. Upon the occurrence of a Customer Event of Default, CMH may, without recourse to legal process and without limiting any other rights or remedies which it may have at law or otherwise, terminate this Agreement by delivery of a notice of termination to Customer. In the event that the Customer disputes whether a Customer Event of Default, other than an Insolvency Event, has occurred by the Customer, CMH shall continue to provide Electric Energy pursuant to this Agreement and the Customer shall continue to pay the Monthly Charges and all interest and other charges contemplated by this Agreement until the question is finally resolved by agreement or by the Dispute Resolution Procedure.
Customer Event of Default. Any one of the following constitutes a Customer event of default (Customer Event of Default) under this Agreement: a) Failure to pay any undisputed amount due under this Agreement on or before the Payment Due Date if Customer does not cure the failure within five business days after Supplier provides written notice. b) Failure to comply with any other material provision of this Agreement within 30 calendar days after Supplier provides written notice and demand to cure or a longer period not to exceed 90 calendar days in the aggregate if the default is not reasonably susceptible of cure within 30 calendar days so long as Customer diligently pursues cure of the default.
Customer Event of Default. Each of the following events or conditions shall constitute an “Event of Defaultby Customer: 9.2.1 Customer’s refusal or failure to sign authorizations reasonably required by Developer to obtain any Incentive contemplated in Section 4.1 above (Identification and Application for Incentives); 9.2.2 Customer’s refusal or failure to sign or comply with any material term of the approved interconnection agreement required by the Local Utility for interconnection of the Solar Facility; and 9.2.3 Customer’s refusal or failure to sign or comply with any material term of any Applicable Law, including, without limitation, zoning, permitting or safety regulations.
Customer Event of Default. The following events shall constitute a Customer Event of Default: (a) Customer shall fail or refuse to pay any ▇▇▇▇ for service rendered under this Power Purchase Agreement for Electricity on which payment is due in accordance with the terms of this Power Purchase Agreement, within forty-five (45) days of Service Provider’s written demand therefor. (b) Customer shall fail to comply with any other provision of the Agreement or their Local Unit License Agreement (including any failure to comply that constitutes a Licensor Event of Default as defined in the Local Unit License Agreement) and such failure shall continue for a period of sixty (60) days after receipt of written notice of such failure provided, that if such failure cannot be cured within sixty (60) days, then within a reasonable time so long as Customer diligently seeks to cure such failure.

Related to Customer Event of Default

  • Event of Default (a) Each of the following events shall constitute an event of default hereunder (an “Event of Default”): (i) if (A) any portion of the Debt is not paid in full on the Maturity Date, (B) the Debt Service is not paid in full on or before the related Payment Date, or (C) any other portion of the Debt is not paid within five (5) days of when due; (ii) if any of the Taxes or Other Charges are not paid (with respect to each or any Individual Property) prior to Delinquency; (iii) if the Policies (with respect to each or any Individual Property) are not kept in full force and effect, or if certified copies of the Policies (for each Individual Property) are not delivered to Lender upon request (or certificates thereof, if a Policy shall be renewed and certified copies of the Policy are not immediately available upon such renewal (each Borrower agreeing in such instance to provide copies of the Policies to Lender promptly thereafter)); (iv) if any Borrower Transfers or otherwise encumbers any portion of the Properties, the Collateral or the Senior Mezzanine Collateral, or there shall otherwise occur a Transfer without Lender’s prior consent in violation of the provisions of this Agreement, the Pledge Agreement or any other Loan Document; (v) if any representation or warranty made by any Borrower or any other Loan Party herein or in any other Loan Document, or in any report, certificate, financial statement or other instrument, agreement or document or other material or written information furnished to Lender shall have been false or misleading in any material respect as of the date the representation or warranty was made (and, with respect to any such breach which is not the subject of any other subsection of this Section 8.1 and which is capable of being cured, such Borrower fails to remedy such condition within ten (10) days following notice to Borrower from Lender, in the case of any such breach which can be cured by the payment of a sum of money, or within thirty (30) days following notice from Lender in the case of any other such breach); (vi) if any Borrower, Senior Mezzanine Borrower or Mortgage Borrower shall make an assignment for the benefit of creditors; or if a receiver, liquidator or trustee shall be appointed for any Borrower, Senior Mezzanine Borrower or Mortgage Borrower, or if any Borrower, Senior Mezzanine Borrower or Mortgage Borrower shall be adjudicated a bankrupt or insolvent, or if any petition for bankruptcy, reorganization or arrangement pursuant to federal bankruptcy law, or any similar federal or state law, shall be filed by or against, consented to, or acquiesced in by, Borrower or Senior Mezzanine Borrower, or if any proceeding for the dissolution or liquidation of any Borrower, Senior Mezzanine Borrower or Mortgage Borrower shall be instituted; provided, however, if such appointment, adjudication, petition or proceeding was involuntary and not consented to by any Borrower, Senior Mezzanine Borrower or Mortgage Borrower, upon the same not being discharged, stayed or dismissed within ninety (90) days; (vii) if any Operating Company, any Manager, Principal, Holdings or any Guarantor shall make an assignment for the benefit of creditors; or if a receiver, liquidator or trustee shall be appointed for any such Operating Company, any such Manager, Principal, Holdings or any such Guarantor, or if any Operating Company, any Manager, Principal, Holdings or any Guarantor shall be adjudicated a bankrupt or insolvent, or if any petition for bankruptcy, reorganization or arrangement pursuant to federal bankruptcy law, or any similar federal or state law, shall be filed by or against, consented to, or acquiesced in by, any Operating Company, any Manager, Principal, Holdings or any Guarantor, or if any proceeding for the dissolution or liquidation of any Operating Company, any Manager, Principal, Holdings or any Guarantor shall be instituted; provided, however, if such appointment, adjudication, petition or proceeding was involuntary and not consented to by any such Operating Company, any such Manager, Principal, Holdings or any such Guarantor, upon the same not being discharged, stayed or dismissed within ninety (90) days; (viii) if any Borrower attempts to assign its rights under this Agreement or any of the other Loan Documents or any interest herein or therein in contravention of the Loan Documents; (ix) if any Borrower breaches any of its respective negative covenants contained in Section 5.2 or any covenant contained in Section 4.1.30 or Section 5.1.11 hereof (and, with respect to any such breach of any covenant set forth in Section 5.1.11 which is not the subject of any other subsection of this Section 8.1, such Borrower fails to remedy such condition within ten (10) days after notice to Borrower from Lender, in the case of any such Default under Section 5.1.11 which can be cured by the payment of a sum of money, or for thirty (30) days after notice from Lender in the case of any other such Default under Section 5.1.11); (x) with respect to any term, covenant or provision set forth herein which specifically contains a notice requirement or grace period, if any Borrower shall be in default under such term, covenant or condition after the giving of such notice or the expiration of such grace period; (xi) if any of the assumptions contained in the Insolvency Opinion delivered in connection with the Loan, or in the Additional Insolvency Opinion delivered subsequent to the closing of the Loan, is or shall become untrue in any material respect; or if any of the assumptions contained in the True Lease Opinion in connection with the Loan, or in the Additional True Lease Opinion delivered subsequent to the closing of the Loan, is or shall become untrue in any material respect; (xii) if any Mortgage Borrower, any Operating Company or any Guarantor (Operating Lease) is in default of any of its material obligations under any Operating Lease (or under another lease and/or management agreement in substitution for such Operating Lease in accordance herewith) or under any such Operating Lease Guaranty (or under another operating lease guaranty in substitution for such Operating Lease Guaranty in accordance herewith) beyond any applicable notice and cure periods contained therein; or if any Operating Lease (or such other lease and/or management agreement) or any Operating Lease Guaranty (or such other operating lease guaranty) shall be surrendered or any Operating Lease or any Operating Lease Guaranty shall be terminated or canceled for any reason or under any circumstances whatsoever, except with the consent of Lender; or if any of the terms, covenants or conditions of any Operating Lease (or such other lease and/or management agreement) or any Operating Lease Guaranty (or such other operating lease guaranty) shall in any manner be modified, changed, supplemented, altered, restated or amended without the consent of Lender except as may otherwise expressly permitted in this Agreement; (xiii) intentionally omitted; (xiv) if any Affiliate of any Borrower that is or becomes a party to the Windstorm Insurance Intercreditor Agreement is in default of any of its material obligations under the Windstorm Insurance Intercreditor Agreement beyond any applicable notice and cure periods contained therein; or if the Windstorm Insurance Intercreditor Agreement shall be surrendered, terminated or canceled for any reason or under any circumstances whatsoever, except with the consent of Lender; or if any of the terms, covenants or conditions of the Windstorm Insurance Intercreditor Agreement shall in any manner be modified, changed, supplemented, altered, restated or amended without the consent of Lender; (xv) if any Borrower, Senior Mezzanine Borrower or Mortgage Borrower fails to comply with the covenants as to Prescribed Laws set forth in Section 5.1.1 hereof; (xvi) if a material default has occurred and continues beyond any applicable cure period under any Management Agreement and if such default permits the Manager, the Operating Company or the Mortgage Borrower party thereto to terminate or cancel the Management Agreement in question; (xvii) any Gaming License shall be refused, suspended, revoked, modified in a materially adverse manner or canceled or allowed to lapse or any proceeding is commenced by any Governmental Authority for the purpose of suspending, revoking or canceling any Gaming License in any materially adverse respect, or any Governmental Authority shall have appointed a conservator, supervisor or trustee to or for any of the Casino Components and, in each case of the foregoing, such action could reasonably be expected to (A) have an Individual Material Adverse Effect, (B) materially and adversely affect the continued operation of the Casino Components in the usual course of business and in substantially the same manner and to at least the same standard as was maintained prior to such action, or (C) result in any material decrease in the then expected cash flow and revenues to be derived from the Casino Components; (xviii) if any Borrower shall continue to be in Default under any of the other terms, covenants or conditions of this Agreement not specified in subsections (i) to (xvii) above, for ten (10) days after notice to Borrower from Lender, in the case of any Default which can be cured by the payment of a sum of money, or for thirty (30) days after notice from Lender in the case of any other Default; provided, however, that if such non-monetary Default is susceptible of cure but cannot reasonably be cured within such thirty (30) day period and provided further that such Borrower shall have commenced to cure such Default within such thirty (30) day period and thereafter diligently and expeditiously proceeds to cure the same, such thirty (30) day period shall be extended for such time as is reasonably necessary for such Borrower in the exercise of due diligence to cure such Default, such additional period not to exceed one hundred twenty (120) days; (xix) if there shall be a default under any of the other Loan Documents beyond any applicable cure periods contained in such documents, whether as to any Borrower, Mortgage Borrower, Senior Mezzanine Borrower, the Collateral, the Senior Mezzanine Collateral or any Individual Property, or if any other such event shall occur or condition shall exist, if the effect of such event or condition is to accelerate the maturity of any portion of the Debt or to permit Lender to accelerate the maturity of all or any portion of the Debt; (xx) if the Liens created pursuant to any Loan Document shall cease to be a fully protected enforceable first priority security interest in the Collateral, or any portion of the Collateral is Transferred without Lender’s prior written consent except as permitted hereunder; or (xxi) if a Mortgage Loan Event of Default or Senior Mezzanine Loan Event of Default shall occur. (b) Upon the occurrence of an Event of Default (other than an Event of Default described in clauses (vi) or (vii) above) and at any time thereafter, in addition to any other rights or remedies available to it pursuant to this Agreement and the other Loan Documents or at law or in equity, Lender may take such action, without notice or demand, that Lender deems advisable to protect and enforce its rights against Borrower and in and to all or any of the Collateral, including, without limitation, declaring the Debt to be immediately due and payable, and Lender may enforce or avail itself of any or all rights or remedies provided in the Loan Documents and may exercise all the rights and remedies of a secured party under the Uniform Commercial Code, as adopted and enacted by the State or States where any of the Collateral is located, against Borrower and any or all of the Collateral, including, without limitation, all rights or remedies available at law or in equity; and upon any Event of Default described in clauses (vi) or (vii) above, the Debt and all other obligations of Borrower hereunder and under the other Loan Documents shall immediately and automatically become due and payable, without notice or demand, and Borrower hereby expressly waives any such notice or demand, anything contained herein or in any other Loan Document to the contrary notwithstanding.

  • No Event of Default No Default or Event of Default has occurred and is continuing.