Warning Notices. 19.2.9.1 Without prejudice to any other right or remedy available to IFA, IFA may deliver a written Notice (a “Warning Notice”) to Developer, with a copy to the Collateral Agent, stating explicitly that it is a “Warning Notice” of a material Developer Default and stating in reasonable detail the matter or matters giving rise to the Notice and, if applicable, amounts due from Developer, and reminding Developer of the implications of such Notice, whenever there occurs a Developer Default. 19.2.9.2 The issuance of a Warning Notice may trigger a Default Termination Event as provided in Section 20.3.1. 19.2.9.3 IFA may issue a Warning Notice at the same time it delivers a Notice of Developer Default, and a Notice of Developer Default may be issued as a Warning Notice. In either such case, the cure period available to Developer, if any, shall be as set forth in Section 19.1.2. If IFA issues a Warning Notice for any Developer Default after it issues a Notice of such Developer Default, then the remaining cure period available to Developer, if any, for such Developer Default before IFA may terminate this Agreement on account of such Developer Default shall be extended by the time period between the date the Notice of such Developer Default was issued and the date the Warning Notice is issued. However, this shall not affect the time when IFA may exercise any other remedy respecting such Developer Default.
Appears in 1 contract
Sources: Public Private Agreement
Warning Notices. 19.2.9.1 Without prejudice to any other right or remedy available to IFA, IFA may deliver a written Notice (a “Warning Notice”) to Developer, with a copy to the Collateral Agent, stating explicitly that it is a “Warning Notice” of a material Developer Default and stating in reasonable detail the matter or matters giving rise to the Notice and, if applicable, amounts due from Developer, and reminding Developer of the implications of such Notice, whenever there occurs a Developer Default.
19.2.9.2 The issuance of a Warning Notice may trigger a Default Termination Event as provided in Section 20.3.1.
19.2.9.3 IFA may issue a Warning Notice at the same time it delivers a Notice of Developer Default, and a Notice of Developer Default may be issued as a Warning Notice. In either such case, the cure period available to Developer, if any, shall be as set forth in Section 19.1.2. If IFA issues a Warning Notice for any Developer Default after it issues a Notice of such Developer Default, then the remaining cure period available to Developer, if any, for such Developer Default before IFA may terminate this Agreement on account of such Developer Default shall be extended by the time period between the date the Notice of such Developer Default was issued and the date the Warning Notice is issued. However, this shall not affect the time when IFA may exercise any other remedy respecting such Developer Default.
Appears in 1 contract
Sources: Public Private Agreement
Warning Notices. 19.2.9.1 18.2.8.1 Without prejudice to any other right or remedy available to IFAthe Department, IFA the Department may deliver a written Notice notice (a “Warning Notice”) to Developer, with a copy to the Collateral Agent, stating explicitly that it is a “Warning Notice” of a material Developer Default and stating in reasonable detail the matter or matters giving rise to the Notice notice and, if applicable, amounts due from Developer, and reminding Developer of the implications of such Noticenotice, whenever there occurs a Developer Default.
19.2.9.2 The issuance of a Warning Notice may trigger a Default Termination Event as provided in Section 20.3.1.
19.2.9.3 IFA 18.2.8.2 Subject to the Lender’s right to cure under the Direct Agreement, the Department may issue a Warning Notice at the same time it delivers a Notice notice of Developer Default, and a Notice of Developer Default may be issued as a Warning Notice. In either such case, the cure period available to Developer, if any, shall be as set forth in Section 19.1.2. If IFA the Department issues a Warning Notice for any Developer Default after it issues a Notice notice of such Developer Default, then the remaining cure period available to Developer, if any, for such Developer Default before IFA the Department may terminate this Agreement on account of such Developer Default shall be extended by the time period between the date the Notice notice of such Developer Default was issued and the date the Warning Notice is issued. However, this shall not affect the time when IFA the Department may exercise any other remedy respecting such Developer Default.
18.2.8.3 Along with the Warning Notice and without prejudice to any other right or remedy available to the Department, the Department may request that Developer prepare and submit within the applicable cure period a remedial plan
Appears in 1 contract
Sources: Concession Agreement