Template:Nutshell OSLA 12
12. Events of Default
The following events occurring to a Party (the “Defaulting Party” will be Events of Default under Clause 8:
- 12(A) the Borrower or Lender failing to pay Cash Collateral or deliver Collateral or Equivalent Collateral when due, where the other party (the “{{oslaprov|Non-Defaulting Party}}”) serves written notice on it;
- 12(B) either party breaches its obligations under Clause 6, and the Non-Defaulting Party serves written notice on it;
- 12(C) the Borrower breaches Clause 4(B)(i), (ii) or (iii) and the Non-Defaulting Party serves written notice on it;
- 12(D) an Act of Insolvency occurs to either Party and (except for a presentation of a winding-up petition, appointment of a liquidator for the Defaulting Party or similar, in which case notice is not required) the Non-Defaulting Party serves written notice on it;
- 12(E) the representations or warranties of either Party are materially false when made or repeated, and the Non-Defaulting Party serves written notice on it;
- 12(F) either Party admits to the other that it is cannot or will not perform any of its obligations under the Agreement, and the Non-Defaulting Party serves written notice on it;
- 12(G) either Party is declared in default by the appropriate authority under the Rules or is suspended or expelled from any securities exchange or other self-regulatory organisation, or is suspended from securities dealing by any government agency, and the Non-Defaulting Party serves written notice on it;
- 12(H) the assets of either Party or the assets of investors held by either Party are ordered to be transferred to a trustee by a regulatory authority under securities regulation legislation and the Non-Defaulting Party serves written notice on it, or
- 12(I) the Lender or the Borrower fails to perform any other obligations under this Agreement and does not remedy the failure within 30 days after the Non-Defaulting Party serves notice requiring it to remedy such failure on it, and the Non-Defaulting Party serves a further written notice to that effect on it.
Each Party shall notify the other if it suffers an Event of Default.