Template:Nutshell OSLA 12

From The Jolly Contrarian
Revision as of 16:42, 7 January 2022 by Amwelladmin (talk | contribs)
Jump to navigation Jump to search

12. Events of Default
The following events occurring to a Party (the “Defaulting Party”) will be Events of Default under Clause 8 upon the other Party (Non-Defaulting Party) serving written notice on it:

12(A) It fails to pay Cash Collateral or deliver Collateral or Equivalent Collateral when due;
12(B) It breaches its obligations under Clause 6;
12(C) As Borrower it breaches Clause 4(B)(i), (ii) or (iii);
12(D) It suffers an Act of Insolvency (provided that where it is the presentation of a winding-up petition, appointment of a liquidator for the Defaulting Party or similar, written notice from the Non-Defaulting Party is not required);
12(E) the representations or warranties of either Party are materially false when made or repeated, ;
12(F) either Party admits to the other that it is cannot or will not perform any of its obligations under the Agreement, ;
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, ;
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 , 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.