Events of Default Hereunder. In case any one or more of the following events of default (each, an "Event of Default") shall occur and shall not have been remedied: (a) default in the payment of principal of or interest on any Note, or in the payment of any other Indebtedness or in the performance and discharge of the Obligations secured hereby, when due; (b) the occurrence of an event of default (other than any relating to non-payment of principal of or interest on any Note) under the terms and provisions of either Credit Agreement and the continuance of such event of default for the applicable period of grace, if any; (c) any warranty or representation made by Mortgagor herein shall prove to be untrue in any material respect as of the date made or deemed made; or (d) failure by Mortgagor, within the applicable period of grace, if any, to cure a default in the due performance or observance of any covenant or agreement contained in this Mortgage and not constituting a default in the payment of principal of or interest upon any Note or in the payment of any other Indebtedness; then and in any such event the Agent, at its option, may enforce any of the provisions of Article VI hereof, without any notice or demand of any kind, both of which are hereby expressly waived.
Appears in 3 contracts
Sources: Mortgage, Deed of Trust, Assignment, Security Agreement (Calpine Corp), Mortgage, Deed of Trust, Assignment, Security Agreement, Financing Statement and Fixture Filing (Calpine Corp), Mortgage, Deed of Trust, Assignment, Security Agreement (Calpine Corp)
Events of Default Hereunder. In case any one or more of the following "events of default (each, an "Event of Default") default" shall occur and shall not have been remedied:
(a) default in the payment of principal of or interest on any Note, or in the payment of any other Indebtedness or in the performance and discharge of the Obligations secured hereby, when due;
(b) the occurrence of an event of default (other than any relating to non-payment of principal of or interest on any Note) under the terms and provisions of either Credit Agreement and the continuance of such event of default for the applicable period of grace, if any;
(c) any warranty or representation made by Mortgagor herein shall prove to be untrue in any material respect as of the date made or deemed made; or
(d) failure by Mortgagor, within the applicable period of grace, if any, to cure a default in the due performance or observance of any covenant or agreement contained in this Mortgage instrument and not constituting a default in the payment of principal of or interest upon any Note or in the payment of any other Indebtedness; then and in any such event the Agent, at its option, may enforce any declare the entire unpaid principal of and the provisions of Article VI hereofinterest accrued on the Notes and all other Indebtedness secured hereby to be forthwith due and payable, without any notice or demand of any kind, both of which are hereby expressly waived.
Appears in 1 contract
Sources: Mortgage, Assignment, Security Agreement and Financing Statement (Calpine Corp)