Evidence of Default Sample Clauses
The 'Evidence of Default' clause defines the requirements and procedures for establishing that a default has occurred under an agreement. Typically, it outlines what documentation, notices, or confirmations are necessary to prove that a party has failed to meet its obligations, such as missed payments or breaches of contract terms. This clause ensures that there is a clear and objective process for identifying and substantiating defaults, thereby reducing disputes and providing a basis for enforcing remedies or taking further action.
Evidence of Default. Unless the contrary be proved, proof that as regards any specified Current Issuer Note the Current Issuer has made default in paying any amount due in respect of such Current Issuer Note shall be sufficient evidence that the Current Issuer has made the like default as regards all other Current Issuer Notes in respect of which the corresponding amount is then due and payable in accordance with the Current Issuer Conditions and for the purposes of this Clause 6.3 (Evidence of Default) an amount shall be a corresponding amount notwithstanding that it is due in respect of a Current Issuer Note of a different denomination from that in respect of the above specified Current Issuer Note. The Note Trustee may file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Note Trustee and the Noteholders allowed in any judicial proceedings relative to the Current Issuer, its creditors or its property.
Evidence of Default. If the Note Trustee (or any Noteholder or Couponholder were entitled under this Trust Deed so to do) makes any claim, institutes any legal proceedings or lodges any proof in a winding up or insolvency of the Issuer under this Trust Deed or under the Notes, proof therein that:
7.2.1 as regards any specified Note the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due; and
7.2.2 as regards any specified Coupon, the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due; and
7.2.3 as regards any Talon, the Issuer has made default in exchanging such Talon for further Coupons and a further Talon as provided by its terms shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Talons which are then available for exchange;
Evidence of Default. If the Trustee (or any Noteholder or Couponholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding-up or insolvency of the Issuer or any Guarantor under this Trust Deed or under the Notes, proof therein that:
(a) as regards any specified Note the Issuer has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes in respect of which a corresponding payment is then due; and
(b) as regards any specified Coupon the Issuer has made default in paying any interest due in respect of such Coupon shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Coupons in respect of which a corresponding payment is then due.
Evidence of Default. If the Security Trustee or the Note Trustee takes any action against the Trustee to enforce any of the provisions of any Offshore Notes or this deed, proof that as regards any Offshore Note, the Trustee has not paid any principal or interest due in respect of that Offshore Note shall (unless the contrary is proved) be sufficient evidence that the Trustee has not paid that principal or interest on all other Offshore Notes in respect of which the relevant payment is then due.
Evidence of Default. A certificate of an officer, employee or agent of the Vendor that default has been made and the date of default and that notice, if required, of such default has been mailed, e-mailed, faxed or transmitted by other electronic means to the Purchaser or the Purchaser’s solicitor, shall be prima facie evidence of the facts therein stated. No failure or delay or forbearance by the Vendor, its officers or employees in exercising, and no course of dealing with respect to, any right or power hereunder or under any related agreement shall operate as a waiver of any rights or powers of the Vendor hereunder, nor shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The Vendor’s conduct and performance of its obligations under this Agreement and correspondence with the Purchaser shall not constitute a waiver of any of the covenants or obligations of the Purchaser contained herein nor shall such conduct by the Vendor have the effect of precluding the Vendor from thereafter declaring the Purchaser’s prior failure to satisfy the Purchaser’s obligations under this Agreement an event of default or breach of contract by the Purchaser.
Evidence of Default. If the Security Trustee or the Note Trustee takes any action against the Trustee to enforce any of the provisions of any US$ Notes or this deed, proof that as regards any US$ Note, the Trustee has not paid any principal or interest due in respect of that US$ Note shall (unless the contrary is proved) be sufficient evidence that the Trustee has not paid that principal or interest on all other US$ Notes in respect of which the relevant payment is then due.
Evidence of Default. If the Trustee (or any Noteholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer and/or the Guarantor under this Trust Deed or under the Notes, proof therein that as regards any specified Note, the Issuer and/or the Guarantor has made default in paying any principal due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer and/or the Guarantor has made the like default as regards all other Notes.
Evidence of Default. If the Trustee (or any Bondholder where entitled under this Trust Deed so to do) makes any claim, institutes any legal proceeding or lodges any proof in a winding up or insolvency of the Issuer under this Trust Deed or under the Bonds, proof therein that as regards any specified Bond the Issuer is or was in default in paying any principal due in respect of such Bond shall (unless the contrary be proved) be sufficient evidence that the Issuer is or was in the like default as regards all other Bonds in respect of which a corresponding payment is then due.
Evidence of Default. The occurrence or existence of any one or more of the following shall constitute a “DEFAULT” by Tenant under this Lease: (i) Tenant fails to pay any installment or other payment of Rent when due (provided that Tenant shall have five (5) days after written notice of the failure to cure the default on the first two (and only two) occasions thereof occurring in any twelve (12) consecutive month period during the Term); (ii)Tenant fails to observe or perform any of the other covenants, conditions or provisions of this Lease and fails to cure the default within thirty (30) days after written notice thereof to Tenant (provided that the thirty (30) day period shall be extended for the time reasonably required to complete the cure, not exceeding, in any event, an additional ninety (90) day period, if the failure cannot reasonably be cured within the thirty (30) day period and Tenant commences to cure such failure within the thirty (30) day period and thereafter diligently and continuously proceeds to cure the failure and provided further that if the default is not reasonably susceptible of being cured within the ninety (90) day period, and Tenant is diligently proceeding with the cure, the ninety (90) day period shall be extended while Tenant is diligently curing, so long as the default does not cause a default under any Mortgage or Ground Lease (each, as hereinafter defined in Section 23.A), create any risk to life, health or safety at the Project or otherwise cause Landlord to be in default under any lease or other agreement to which Landlord is a party or bound); (iii) the interest of Tenant in this Lease is levied upon under execution or other legal process; (iv) a petition is filed by or against Tenant to declare Tenant bankrupt or seeking a plan or reorganization or arrangement under any Chapter of the United States Bankruptcy Code (or any similar law for the relief of debtors), or any amendment, replacement, or substitution therefor, or to delay payment of, reduce or modify Tenant’s debts, which in the case of an involuntary action, is not discharged within ninety (90) days after filing of the petition; (vi) Tenant is declared insolvent by law or any assignment of Tenant’s property is made for the benefit of creditors; (vi) a receiver is appointed for Tenant or Tenant’s property, which appointment is not discharged within sixty (60) days after the appointment; (vii) any action taken by or against Tenant to reorganize or modify Tenant’s capital structure, wh...
Evidence of Default. Should the Note Trustee take legal or other proceedings against the Issuer to enforce any of the provisions of the Notes, or any of them or any of the provisions of this Note Trust Deed and any relevant Note Trust Deed Supplement, proof therein that, as regards any Note of any Series, the Issuer has made default in paying any principal or interest due in respect of such Note shall (unless the contrary be proved) be sufficient evidence that the Issuer has made the like default as regards all other Notes of such Series in respect of which the relevant payment is then due and payable. The Note Trustee may file such proofs of claim and other papers or documents and to take any and all actions authorised under the TIA as may be necessary or advisable in order to have the claims of the Note Trustee and the Secured Creditors allowed in any judicial proceedings relating to the Issuer, its auditors or its property.