Additional Facilities Clause Samples

Additional Facilities. (a) Delete Clause 2.3(c) (Additional Facilities) and replace it with the following: “Each Lender under an Additional Facility shall become a party to this Agreement and be entitled to share in the Security in accordance with the terms of the Intercreditor Agreement and the Security Documents pari passu with the Lenders under the other Facilities provided that UPC Broadband and the relevant Lenders may agree that an Additional Facility shares in the Security on a junior basis to the other Facilities or shall not be entitled to share in the Security either in accordance with the terms of the Intercreditor Agreement or pursuant to ancillary intercreditor arrangements.” (b) Amend the Additional Facilities Cap as defined in Clause 2.3(g) (Additional Facilities) such that: (i) it includes an additional limb for the aggregate amount of any voluntary prepayments of Term Facility Advances that are secured on a pari passu basis with the other Facilities or Advances under Revolving Facilities (to the extent accompanied by a corresponding permanent cancellation of the relevant Revolving Facility Commitments) to the extent the relevant prepayment or cancellation is not funded or effected with any long-term Financial Indebtedness (including Financial Indebtedness in the form of a bridge or other interim credit facility intended to be refinanced with long-term Financial Indebtedness); and (ii) UPC Broadband shall have the ability to classify such amounts of Financial Indebtedness on the date of their incurrence and shall only be required to include the amount and type of such Financial Indebtedness in one of such sub-paragraphs and will be permitted on the date of such incurrence to divide and classify an item of such Financial Indebtedness in more than one of the types of Financial Indebtedness described in such paragraphs, and, from time to time, may reclassify all or a portion of such Financial Indebtedness, in any manner.

Additional Facilities. This Agreement may be amended (or amended and restated) with the written consent of the Required Lenders, the Administrative Agent and the Borrower (I) to add one or more additional credit facilities to this Agreement and to permit the extensions of credit from time to time outstanding thereunder and the accrued interest and fees in respect thereof to share ratably in the benefits of this Agreement and the other Loan Documents with the Loans and the accrued interest and fees in respect thereof and (II) to include appropriately the Lenders holding such credit facilities in any determination of the Required Lenders.

Additional Facilities. If the CAISO determines that it requires Operational Control over additional transmission lines and associated facilities not then constituting part of the CAISO Controlled Grid in order to fulfill its responsibilities in relation to the CAISO Controlled Grid then the CAISO shall apply to FERC pursuant to Section 203 of the Federal Power Act, and shall make all other regulatory filings necessary to obtain approval for such change of control and shall serve a copy of all such applications on the affected Participating TO and the owner of such lines and facilities (if other than the Participating TO). In the event that a Party invokes the dispute resolution provisions identified in Section 15 with respect to the transfer of Operational Control over a facility, such facility shall not be transferred while the dispute resolution process is pending except pursuant to Section 4.5.2.

Additional Facilities. Notwithstanding anything to the contrary contained in this Agreement, all Additional Facilities shall continue to vest in the Concessionaire upon and after Termination.

Additional Facilities. From time to time during the Term, Operator may propose that additional Facilities be constructed, owned, and operated by Operator on the Lands, including (i) additional layflat lines, pipelines, roads, electrical facilities, and other related infrastructure and equipment reasonably necessary or convenient in connection with the operation of the Initial Facilities and (ii) other Disposal Facilities, Recycling Facilities, Produced Water and Recycled Water pipelines and other Facilities (each, an “Additional Facility” and each such proposal, a “Project Proposal”). Each Project Proposal shall be submitted to Company in writing and include (x) a reasonably detailed description of the proposed Additional Facilities, (y) the portions of the Lands on which the Additional Facilities are proposed to be located, including a survey of such lands prepared by Operator and (z) such other information related to such Additional Facilities that is reasonably requested by Company. Subject to Section 2.2(c), Company shall accept and consent in writing (email being sufficient) to each Project Proposal for an Additional Facility described in clause (i) or (ii) above within fifteen (15) days from the date of receipt of the Project Proposal. Subject to Section 2.2(c), if Company does not timely accept and consent to a Project Proposal, Company shall be deemed to have accepted and consented to such Project Proposal. Operator shall promptly notify Company in writing (email being sufficient) of any expected material changes, alterations or amendments to the applicable Additional Facilities throughout the course of the development of such Additional Facilities; provided that, for the avoidance of doubt, any material change to the location, scope or purpose of an Additional Facility shall require the prior written consent of Company, which consent shall not be unreasonably withheld, conditioned or delayed.

Additional Facilities. (a) KDG and KDVS may at any time establish or enter into an Additional Facility. (b) Subject to paragraph (c) any person will, subject to the terms of this Agreement, become an Add-On Facility Lender by delivering to the Facility Agent an Add-On Facility Accession Agreement duly completed and executed by that person, KDG and the relevant Borrower. Once the Facility Agent signs the Add-On Facility Accession Agreement, that person shall become an Add-On Facility Lender on the date specified in the Add-On Facility Accession Agreement. (c) Subject to paragraph (d), the Facility Agent must sign any Add-On Facility Accession Agreement delivered to it by KDG or an Add-On Facility Lender. (d) The Facility Agent is not obliged to sign an Add-On Facility Accession Agreement until it has completed all know your customer requirements to its satisfaction in respect of the proposed Add-On Lender. (e) Upon the relevant person becoming an Add-On Facility Lender, the Total Commitments shall be increased by the amount set out in the relevant Add-On Facility Accession Agreement as that Add-On Facility Lender’s Commitment. (f) Each Add-On Facility Lender will grant to the relevant Borrower a loan facility in the amount specified in the relevant Add-On Facility Accession Agreement in euros during the Add-On Facility Availability Period specified in the Add-On Facility Accession Agreement, subject to the terms of this Agreement. (g) KDG must ensure that the Finance Parties and any arranger, underwriter, agent, trustee (including in respect of notes, bonds or other securities) or similar person acting or lending in connection with an Additional Facility are granted a Security Interest over the assets acquired with the proceeds of the Additional Facility, having regard to the Security Principles, under which their outstanding liabilities rank pari passu (except to the extent any lower ranking or subordination for an Additional Facility is agreed between KDG and all the creditors of that Additional Facility).

Additional Facilities. ‌ (a) The Parent may, at its discretion, at any time or times after the Closing Date (and, in the case of an Additional Revolving Facility only, on one additional occasion prior to the Closing Date) establish‌ one or more Additional Facilities each of which may be a term facility or a revolving facility and may, without limitation, be structured (at the election of the Parent) as an increase to and/or an additional tranche of an existing Facility (provided that, if structured as an increase and/or an additional tranche of an existing Facility, the Termination Date thereof is the same as that Facility, it is denominated in the same currency as that Facility and carries interest at the same interest rate applicable to that Facility) by delivery to the Agent of one or more duly completed Additional Facility Accession Deeds, duly executed by the Parent, each Additional Facility Lender for the Additional Facility being provided thereunder and each Additional Facility Borrower under the relevant Additional Facility, provided that: (i) in respect of each Additional Facility: (A) no Event of Default has occurred and is continuing on the date of such Additional Facility Accession Deed (for the avoidance of doubt, without prejudice to any Certain Funds Utilisation of such Additional Facility); (B) subject to the Agreed Security Principles, such Additional Facility shall be entitled to benefit from all or any part of the guarantees under the Finance Documents and the Transaction Security, and any guarantee and Security granted by any member of the Group in respect of obligations of the Group under an Additional Facility shall extend to Facility B, the Acquisition Facility, Delayed Draw Facility 1 and Delayed Draw Facility 2 and constitute Transaction Security for the purposes of this Agreement and the Intercreditor Agreement; (C) the proceeds of the relevant Additional Facility are to be applied in accordance with paragraph (f) of Clause 3.1 (Purpose); (D) any mandatory prepayments of the Facilities in accordance with Clause 12 (Mandatory Prepayment) shall be applied against that Additional Facility as set out in that Clause or, if specified in the relevant Additional Facility Accession Deed, on a junior basis (but not on a senior basis); (E) no Additional Term Facility may be Utilised if and for so long as there are Available Commitments (in respect of which no Utilisation Request has been submitted) under the Acquisition Facility and/or, after the Delayed Draw Facil...

Additional Facilities. Upon Owner’s delivery of Gas utilizing at least eighty five percent (85%) of the existing compression facilities and if either; a) Owner is actively drilling and completing additional ▇▇▇▇▇, or b) current production is inclining at a sufficient rate, then Gatherer shall diligently pursue installation of additional gathering and compression facilities, in reasonable increments, up to the MDQ. If, after Owner is producing and delivering the MDQ into Gatherer's facilities, Gatherer in its sole discretion determines it is uneconomic, for any reason, to provide additional gathering and compression facilities for gas in excess of the MDQ, Gatherer shall provide Owner thirty (30) days notice of same. Owner and Gatherer will negotiate the terms and conditions under which Gatherer will expand the gathering and compression facilities. If the parties agree upon such terms, Gatherer shall diligently proceed with the installation of the agreed additional gathering and compression facilities. If the parties are unable to agree upon those terms and conditions within thirty (30) days following Gatherer’s notification, then the affected ▇▇▇▇▇ shall, at Owner's option, be released from dedication under this Agreement. At the terminus of the Fort Union Gathering Header: 1. Wyoming Interstate Company, Ltd. - Medicine Bow Meter Station 2. Colorado Interstate Gas Company- North Platte River Station 3. KN Energy, Inc. - KNI Interconnect Station Except as otherwise agreed by Gatherer, the metering facilities to measure the volumes of Gas delivered at each Measurement Point and Delivery Point shall be maintained and operated or caused to be maintained and operated by Gatherer or Gatherer's designee. The Btu content of the Gas shall be determined by the facilities at the Receipt Points and Delivery Points. Such facilities and measurement data with respect to the Gas covered hereby shall at all reasonable times be subject to joint inspection by the parties hereto. Gas volumes measured with the use of orifice meter(s) shall be determined in accordance with the provisions of the Gas Measurement Committee Report No. 3 of the American Gas Association (ANSI/API 2530-1991) as amended, supplemented, or revised from time to time. Gas volumes measured with the use of positive or turbine meter(s) shall be determined on the basis of Gas Measurement Committee Report No. 7 of the American Gas Association as amended, supplemented, or revised from time to time. Gas volumes measured with the use of...

Additional Facilities. (a) If: (i) AEPTHC, the Ohio Series or the Ohio Operating Company is designated in any RTEP through and including the 2010 RTEP; and (ii) the Ohio Operating Company subsequently receives a certificate of environmental compatibility and public need from the OPSB to construct the Ohio Facilities, the AYE Series Administrative Committee shall, subject to the conditions set forth in this Section 3.07, cause the AYE Operating Company to offer to transfer to the West Virginia Operating Company discrete equipment included in the Bedington-Kemptown Facilities (the “Additional Facilities”) with a Net Book Value approximately equal to the A▇▇▇ Upgrade Cost. The Administrators of the West Virginia Series appointed by AEPTHC shall have exclusive authority to elect, on behalf of the West Virginia Operating Company, whether or not to purchase the Additional Facilities. (b) The AYE Series Member shall cause the AYE Operating Company to seek authority to Dispose of the Additional Facilities to the West Virginia Operating Company promptly upon the later to occur of: (i) the substantial completion of the A▇▇▇ Upgrade such that it is capable of being placed in service; (ii) the substantial completion of the Additional Facilities such that they are capable of being placed in service; and (iii) issuance of a certificate of environmental compatibility and public need from the OPSB to the Ohio Operating Company to construct the Ohio Facilities. Any obligation to Dispose of the Additional Facilities to the West Virginia Operating Company shall be subject to the receipt by the AYE Series and the AYE Operating Company of any and all Governmental Approvals required to Dispose of such Additional Facilities. (c) The Series Members of the West Virginia Series acknowledge and agree that the AYE Operating Company shall have exclusive authority to identify the Additional Facilities at its discretion; provided, however, that: (i) the Additional Facilities shall be located in West Virginia; and (ii) the Additional Facilities shall, to the extent practicable (as determined in the reasonable judgment of the AYE Operating Company), be operationally proximate to Bedington-Kemptown Facilities that operate at 765 kV. (d) Promptly upon completion of the A▇▇▇ Upgrade, the West Virginia Series Administrative Committee shall deliver to the AYE Series Administrative Committee written certification (with reasonable supporting documentation), in form and substance reasonably acceptable to the AYE Series...