Direct Agreement. The Buyer and the Producer acknowledge that the Lenders may require entering into a direct agreement pursuant to which the parties will agree, inter alia, the terms of their mutual cooperation in case of failure by the Producer to comply with its obligations under this Agreement. Accordingly, the Buyer and the Producer undertake to negotiate in good faith with the Lenders for the purpose of entering into such direct agreement.
Direct Agreement. 24.1 NamPower recognises that the Seller may wish to finance or refinance the Power Project through limited recourse or other financing and that the entering into of the Direct Agreement shall be a precondition to the provision of such finance. NamPower will co-operate in good faith with the Seller and its Lenders to agree and enter into such a Direct Agreement incorporating as a minimum those matters set out in n Annexure L (Provisions of Direct Agreement).
Direct Agreement. The provisions set out in this Part 6 of this Agreement are subject to the Direct Agreement.
Direct Agreement. In the event that the Seller intends to finance the Project on a limited recourse or project finance basis, the Buyer agrees that it shall enter into a Direct Agreement with the Seller, the Lenders and the DoE.
Direct Agreement. It is understood that the planning, realization, as well as the operation and maintenance of the System may be financed by the Financing Entity in compliance Recital B above, and that this shall require this Agreement’s, as well as the EPC Contract’s co-ordination with the terms set forth in the financing agreement, by means of entering into a direct agreement with the Financing Entity (the “Direct Agreement”).
Direct Agreement. 3.1 The Operator hereby agrees and covenants that it will not (i) serve a Step-In Notice (as such term is defined in that certain direct agreement by and among the Operator, HNSL and Jurong, dated 22 May 2015 (the Direct Agreement), (ii) exercise its option to step into HNSL’s place, as provided under that certain construction contract by and between HNSL and Jurong dated 19 May 2014 (the Construction Contract), or (iii) assert any actions, claims, liens, encumbrances, rights, demands and set-offs it may have or have had against HNSL arising out of or related to the Construction Contract and/or the Direct Agreement.
Direct Agreement. In the event that the Seller intends to finance the Project on a limited recourse or project finance basis, the DoE agrees that it shall enter into a Direct Agreement with the Seller, the Lenders and the Buyer.
Direct Agreement. The rights pursuant to this Article can only be exercised subject to the Direct Agreement.
Direct Agreement. 26.1 The Landlord acknowledge that the Tenant may require funding from Funders to implement the Development and in arranging such finance the Funders may require as a condition of the availability of that finance to enter into a direct agreement with the Landlord to cover (without limitation) the following principal matters:
Direct Agreement. As a substitute for a sublicense, K-A shall, if ORTHO so requests, enter into a separate agreement with any AFFILIATE of ORTHO granting a license in accordance with the provisions of this AGREEMENT. Such agreement shall incorporate all of the terms of this AGREEMENT to the extent that they are applicable. ORTHO shall guarantee the due and punctual performance of any and all responsibilities by the AFFILIATE under such separate agreement.
