EVENTS OF DEFAULT BY THE COMPANY Sample Clauses

EVENTS OF DEFAULT BY THE COMPANY. Each of the following shall constitute a material default ("Event of Default") by the Company hereunder if not cured within sixty (60) days (or such other time provided below) after a written notice of default (a "Notice of Default") is given by the CDA to the Company: (a) Failure to: (i) commence construction of the ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ Development on or by the Construction Commencement Date; (ii) Substantially Complete the Replacement Fire Headquarters by the Fire Headquarters Completion Date; or (iii) Substantially Complete the ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇ Development on or before the Phase 1 Construction Completion Date, and such failure shall continue for a period of thirty (30) days after written notice thereof by the CDA Project Manager to the Company, specifying such failure, unless such failure requires work to be performed, acts to be done, or conditions to be removed, which cannot by their nature or because of Unavoidable Delays be reasonably performed or done or removed, as the case may be, within such thirty (30) day period, in which case no Event of Default shall be deemed to exist so long as the Company shall have commenced curing the same within such thirty (30) day period and shall, subject to Unavoidable Delays, diligently and continuously prosecute the same to completion; (b) An event of default under any Development Lease or Financing Lease caused by the Company, shall be an Event of Default under this Agreement; provided however, if the Project is phased with separate sets of Development Leases and Financing Leases for each phase, an Event of Default under the Development Lease and Financing Lease for one phase shall not shall not be a cross default with respect to the Development Lease and Financing Lease for any other phase; (c) The failure of the Company, SFC Capital, LLC, or its affiliate to pay the City under any loan funded under the Section 108 Loan Program, or to pay any sum to the CDA required to be paid by the Company under this Agreement, or to YIDA under any Financing Lease, when the same shall become due and payable and such failure shall continue for thirty

EVENTS OF DEFAULT BY THE COMPANY. Any one or more of the following occurrences shall constitute an Event of Default by the Company under this Agreement: A. The Company’s violation of or noncompliance with any of its covenants set forth in Section IV. B. Any of the Company’s representations and warranties set forth in Section V or otherwise herein or in the Company’s Applications or submissions to the Department was at the time of execution of this Agreement, or is at any time during the term of this Agreement, false or misleading in any material respect. C. The Company’s failure to comply with any of the conditions set forth in Section VI. D. The Company’s breach of any other terms or conditions of this Agreement. E. The Company’s default under any other grant, loan or other agreement with the F. The institution of any bankruptcy, foreclosure, receivership, assignment for the benefit of creditors or any other proceedings indicating that the Company may be insolvent or unable to continue as a going concern.

EVENTS OF DEFAULT BY THE COMPANY. The following shall constitute Events of Default under this Agreement: (a) if default shall be made in the due and punctual payment of any MCP Payments due under the Greenville/▇▇▇▇▇▇▇▇ Multi-County Park Agreement, which default shall continue for a period of thirty (30) days following receipt by the Company of written notice of such default from the County; (b) if default shall be made by the Company in the due performance of or compliance with any of the terms hereof, other than those referred to in the foregoing paragraph (a), and such default shall continue for ninety (90) days after the County shall have given the Company written notice of such default; provided, the County may, in its discretion, grant the Company a longer period of time as necessary to cure such default if the Company proceeds with due diligence to cure such default; provided however, that no Event of Default shall exist under this agreement during any period when there is pending, before any judicial or administrative tribunal having jurisdiction, any proceeding in which the Company has contested the occurrence of such default. The failure of the Company to reach the Company Commitments shall not constitute an event of default by the Company, but shall give the County the right to adjust or terminate prospectively the Special Source Credits pursuant to Section 3.04 hereof .

EVENTS OF DEFAULT BY THE COMPANY. Each of the following events or conditions shall constitute an "Event of Default" by the COMPANY for purposes of this Agreement with respect to obligations of the COMPANY: (i) The COMPANY’s failure to furnish and install the ECMs in accordance with the provisions of this Agreement and within the time specified by this Agreement. (ii) Failure by the COMPANY to pay any amount owing to the INSTITUTION due to the COMPANY’s failure to achieve its Energy Savings Guaranty during any Guaranty Year throughout the term of this Agreement or to perform any obligation under the Energy Savings Guaranty. (iii) The standards of comfort and service set forth in Schedule I are not provided due to failure of the COMPANY to properly design, install, maintain, repair or adjust the ECMs except that such failure if corrected or cured within thirty (30) days after written notice to the COMPANY demanding that such failure be cured shall be deemed cured for purposes of this Agreement. (iv) Failure to perform its obligations in accordance with the terms of this Agreement, including failure to provide sufficient personnel, equipment or material to ensure the performance required and failure to meet the Project Installation Schedule provided for in Schedule K, due to a reason or circumstance within the COMPANY’s reasonable control. (v) The COMPANY’s failure to promptly re-perform within a reasonable time Work or services that were rejected as defective or nonconforming. (vi) The COMPANY’s discontinuance of the required performance for reasons not beyond the COMPANY’s reasonable control. (vii) Any lien or encumbrance upon the ECMs by any subcontractor, laborer, materialman or other creditor of the COMPANY. (viii) Any change in ownership or control of the COMPANY without the prior approval of the INSTITUTION, which shall not be unreasonably withheld. (ix) Default under any other agreement the COMPANY may presently have or may enter into with the INSTITUTION during the term of this Agreement. The COMPANY acknowledges and agrees that in the event of a default under this Agreement the INSTITUTION may also declare a default under any such other agreements. (x) Any material misrepresentation, whether negligent or willful and whether in the inducement or in the performance, made by the COMPANY to the INSTITUTION, the INSTITUTION or a third party. (xi) The filing of a bankruptcy petition whether by the COMPANY or its creditors against the COMPANY which proceeding shall not have been dismissed ...

EVENTS OF DEFAULT BY THE COMPANY. ‌ Each of the following constitutes an Event of Default on the part of the Company, provided that none of the following shall constitute an Event of Default to the extent caused by the failure of the Authority to perform its obligations hereunder: (a) The failure or refusal by the Company to fulfill any of its material obligations to the Authority in accordance with this Agreement, the RFP, and the proposal submittal unless such failure or refusal is excused or justified pursuant to this Agreement; or (b) If, by order of a court of competent jurisdiction, a receiver or liquidator or custodian or trustee of the Company (or any guarantor of the Company’s obligation hereunder) or of a major part of its property is appointed and is not discharged within sixty (60) days, or if, by decree of such a court, the Company (or any guarantor of the Company’s obligation hereunder) is adjudicated insolvent, or a major part of its property is sequestered, and such decree has continued undischarged and unstayed for sixty (60) days after the entry of such decree, or if a petition to reorganize the Company (or any guarantor of the Company’s obligation hereunder) pursuant to the Federal Bankruptcy Code (11 U.S.C.) or any other similar statute applicable to the Company (or any guarantor of the Company’s obligation hereunder), as now or hereinafter in effect, is filed against the Company (or any guarantor of the Company’s obligation hereunder) and is not dismissed within sixty (60) days after such filing, or if the Company (or any guarantor of the Company’s obligation hereunder) is adjudicated bankrupt or files a petition in voluntary bankruptcy under any provision of any bankruptcy Law or consents to the filing of any bankruptcy or reorganization petition against the Company (or any guarantor of the Company’s obligation hereunder) under any such Law, or (without limitation of the generality of the foregoing) files a petition to reorganize the Company (or any guarantor of the Company’s obligation hereunder) pursuant to the Federal Bankruptcy Code (11 U.S.C.) or any other similar statute applicable to the Company (or any guarantor of the Company’s obligation hereunder), as now or hereafter in effect; or (c) If the Company makes an assignment for the benefit of creditors, or admits, in writing, an inability to pay debts generally as they become due, or consents to the appointment of a receiver or liquidator or trustee or assignee in bankruptcy or insolvency of either the Company ...

EVENTS OF DEFAULT BY THE COMPANY. Any one or more of the following occurrences shall constitute an Event of Default by the Company under this Agreement: A. covenants set forth in Section IV.

EVENTS OF DEFAULT BY THE COMPANY. The following shall constitute "Company Events of Default" hereunder by the Company: a. any failure by the Company to make any payment required to be made by the Company to BC within 20 days of the date of invoice date; or b. any failure on the part of the Company duly to observe or perform in any material respect any other of the covenants or agreements on the part of the Company set forth in this Agreement or any governing document by and between the Company and BC for the transactions being serviced which continues unremedied for a period of fifteen (15) days after the date on which written notice of such failure, requiring the same to be remedied, shall have been given to the Company by BC; or c. a decree or order of a court or agency or supervisory authority having jurisdiction in the premises in an involuntary case under any present or future federal or state bankruptcy, insolvency or similar law or appointing a conservator or receiver or liquidator in any insolvency, readjustment of debt, marshaling of assets and liabilities or similar proceedings, or for the winding-up or liquidation of its affairs, shall have been entered against the Company and such decree or order shall have remained in force undischarged or unstayed for a period of sixty (60) days; or d. the Company shall consent to the appointment of a trustee, conservator or receiver or liquidator in any insolvency, readjustment of debt, marshaling of assets and liabilities or similar proceedings of or relating to the Company or of or relating to all or substantially all of the property of Company; or e. the Company shall admit in writing its inability to pay its debts generally as they become due, file a petition to take advantage of any applicable insolvency or reorganization statute, make an assignment for the benefit of its creditors, or voluntarily suspend payment of its obligations or take any action in furtherance of the foregoing.

EVENTS OF DEFAULT BY THE COMPANY. (a) Any one or more of the following shall constitute an event of default by the Company under this Agreement (a “Company Event of Default”) (whatever the reason for such event and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body): (i) at any time prior to the completion by the Company of its obligations and commitments hereunder, the Company is dissolved or liquidated, or the filing by the Company of a voluntary petition in bankruptcy, or the Company seeking or consenting to or acquiescing in the appointment of a receiver of all or substantially all of its property, or the adjudication of the Company as a bankrupt, or any assignment by the Company for the benefit of its creditors, or the entry by the Company into an agreement of composition with its creditors, or if a petition or answer is filed by the Company proposing the adjudication of the Company as a bankrupt or its reorganization, arrangement or debt readjustment under any present or future federal bankruptcy code or any similar federal or state law in any court, or if any such petition or answer is filed by any other person and such petition or answer shall not be stayed or dismissed within 60 days; (ii) if default shall be made by the Company in the due performance of or compliance in any material respect with any of the terms hereof, other than that referred to in the foregoing subdivision (i), and such default shall continue for thirty (30) days after the Board gives the Company written notice of such default; provided, however, if such default is curable but not within said thirty (30) day period, then within such additional time as may be reasonably necessary to cure same, provided the Company commences the curing thereof within such thirty (30) day period, and thereafter prosecutes the curing of such default to completion with all due diligence. (b) After the occurrence of a Company Event of Default and while such Event of Default is continuing, the Board may suspend the performance of its obligations under this Agreement and the Board may give a written notice to the Company, which notice shall specify the nature of the Event of Default and establish a date not less than thirty (30) days after the giving of such notice by which such Company Event of Default shall be cured. (i) If the Company fails to cure the Company Event of De...

EVENTS OF DEFAULT BY THE COMPANY. The occurrence of any of the following conditions or events shall be an event of default ("Event of Default") under this Agreement: