Material Project Document definition

Material Project Document means (i) any contract or agreement that is related to the ownership, operation, maintenance, management service, repair or use of the System entered into by the Company or any Subsidiary subsequent to the Third Amendment Date that involves full payments or obligations of the Company or any Subsidiary in excess of $5,000,000 in any calendar year, and (ii) System Leases, but shall exclude any documents subject to Section 10.12 herein.

Material Project Document means any of the Prime Construction Contract, the Golf Course Construction Contract, the Parking Structure Construction Contract, the Professional Design Services Agreements, the Construction Guaranty, the Water Supply Contract, the Affiliate Real Estate Agreements, and, without duplication, any Project Document with a total contract amount in excess of $5,000,000 and each Payment and Performance Bond issued to support any of the foregoing.

Material Project Document means each of the agreements listed on Schedule 5.12(b), any Additional Project Document that replaces any of the foregoing, the System Lease and the Contribution Agreement.

Examples of Material Project Document in a sentence

• None of the related Material Project Documents have been amended or modified since the effective date of such Material Project Document other than as set forth in Schedule XIII unless copies have been provided to the Administrative [***] = Certain information contained in this document, marked by brackets, has been omitted because it is both not material and would be competitively harmful if publicly disclosed.

• Receipt by the Administrative Agent of a certificate of the Borrower certifying that: (i) substantial completion (or such corresponding or similar concept) under each of Kiewit Contract and the MSA has occurred, subject, in each case, to completion of punch list items under the relevant Material Project Document; and (ii) the Commercial Operation Date (as defined in the NFE Offtake Agreement) has occurred, and attaching a copy of a certificate from the Independent Engineer confirming (i) and (ii) above.

• Managing Member, which limitation, reduction, suspension or other restriction is set forth in the applicable Tax Equity Fund operating agreement(s) or other Material Project Document.

• None of the related Material Project Documents with respect to such Wholly-Owned Subsidiary have been amended or modified since the effective date of such Material Project Document other than as set forth in Schedule XIII to the Credit Agreement unless copies have been provided to the Administrative Agent and if required under the Credit Agreement, have been approved by the Lenders.

• To the knowledge of the Borrower, no Material Project Counterparty is in default of any of its obligations under any Material Project Document other than defaults which, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.

More Definitions of Material Project Document

Material Project Document means each project document that is, in the Borrower’s good-faith business judgment, material and required to develop, procure, construct, commission and operate the Project, and shall in any event include the EAF Supply Agreement, all material construction contracts related to the construction of the Project and all material construction contracts related to the Electrification Completion.

Material Project Document means any Project Document for a Material Project.

Material Project Document means each Project Document relating to the ownership, management, development, use, leasing, maintenance, repair or improvement of the Project Assets under which there is an obligation of an Obligor, in the aggregate, to pay, or under which any Obligor receives in compensation more than, $100,000 per annum, excluding any agreement which is terminable by an Obligor on not more than sixty (60) days’ prior written notice without any fee or penalty.

Material Project Document means any master services agreement (a/k/a master hosting agreements) relating to the Projects owned by the Jamestown Project Company and the ELN-01 Project Company, including the master services agreement with Marathon Digital Holdings, Inc., GEM Mining LLC, Global Operating Infrastructure LLC and Spring Mud LLC, any lease agreement (or equivalent agreement) entered into in respect of the ELN-02 Project, any electric services agreement with a utility relating to power services at any Project, any other material agreement for utilities, and any material construction contract related to the ELN-02 Project, including any GMP contract and any purchase orders relating to power supply equipment.

Material Project Document means (a) each of the contracts or other arrangements to which the Borrower or any of the Project Companies is a party (other than the Loan Documents) (i) set forth on schedule 4.15 of the Senior Credit Agreement and (ii) entered into after the Closing Date, in each case, for which breach, nonperformance, cancellation or failure to renew could reasonably be expected to have a Material Adverse Effect and (b) any Project equity commitment letters, letters of intent relating to Project equity or other similar arrangements (i) set forth on schedule 4.15 of the Senior Credit Agreement and (ii) entered into after the Closing Date.

Material Project Document means (i) each Project Document that is or will be necessary or advisable for the Borrower Parties to enter into in order to acquire, import, own, construct, install, operate, insure or maintain the Project or any material portion of the Project (other than services, materials or rights that can reasonably be expected to be readily available on commercially reasonable terms), (ii) each Project Document that is or will be necessary or advisable for the Borrower Parties to enter into in order for such Borrower Party to obtain, maintain in full force and effect or comply with any other Material Project Document, any Material Permit or any material applicable Law, (iii) each Project Document that is or will be necessary or advisable for the Borrower Parties to enter into in order to maintain their respective business generally or to maintain their respective existence, (iv) without limiting the foregoing (other than the parenthetical set forth in subclause (i) of this definition), each Project Document where (A) the aggregate cost or value of goods and services to be acquired by any Borrower Party pursuant thereto could reasonably be expected to exceed $2,000,000 or the equivalent in any other currency in any year, (B) the aggregate amount of termination fees or liquidated damages which could be incurred by any Borrower Party in respect of such Additional Project Document in any single year could reasonably be expected to exceed $2,000,000 or the equivalent in any other currency or (C) such Project Document provides for the sale of any goods, services, capacity, or other right, title or interest in any Property of any Borrower Party (other than Dispositions permitted in accordance with Section 7.20) and (v) without limiting the foregoing, any and all EPC Contracts and the Environmental Indemnity.

Material Project Document means the PPAs, the Geothermal Leases, the Interconnection Agreements, the O&M Agreements, the Recapture Indemnity Agreement, the Holy Cross Purchase and Sale Agreement, the Public Utility District Purchase and Sale Agreement and any other documents listed on Schedule 5.12(a) , and any agreement that replaces any of the foregoing.