Amendments to Contracts. The Borrower shall not terminate, amend, replace or modify (other than immaterial amendments or modifications as certified by the Borrower) any Project Contract (other than the Power Purchase Agreement, the Energy Services Agreement, the Coal Purchase Agreement (except the Xxxxxx Coal Contract) or any replacement of any of the foregoing, with respect to which agreements the proviso below in this paragraph (d) shall apply) as such Project Contract is then in effect on the date of such proposed termination, amendment, replacement or modification, unless (i) the Borrower certifies that such termination, amendment, replacement or modification is not reasonably expected to have a Material Adverse Effect and such termination, amendment, replacement or modification is not reasonably expected to materially increase the likelihood of the occurrence of a future Material Adverse Effect and (ii) the Independent Engineer does not within thirty (30) days of receipt of such certificate disagree in writing with the certification provided pursuant to clause (i); provided, that the Borrower shall not, without the prior written consent of the Required Banks, agree to or acquiesce in the cancellation, suspension, replacement or termination (other than the normal expiration of an agreement in accordance with its terms) of the Power Purchase Agreement, the Energy Services Agreement or the Coal Purchase Agreement (except the Xxxxxx Coal Contract) or any material amendment, supplement or modification of, or material consent or waiver with respect to, any of the provisions of the agreements referred to in this proviso (other than the Xxxxxx Coal Contract).
Amendments to Contracts. 14 Section 4.16. Limitations on Indebtedness/Liens............................................. 15 Section 4.17. Operating Budget.............................................................. 15 Section 4.18.
Amendments to Contracts. Guarantor shall not terminate, --------------------------------- amend, replace or modify or permit to be terminated, amended, replaced or modified (other than immaterial amendments or modifications as certified by Guarantor) any of the Project Documents to which it is a party unless (a) Guarantor certifies that such termination, amendment, replacement or modification could not reasonably be expected to have a Material Adverse Effect and (b) in the case of any amendment, termination or modification of a Power Purchase Agreement which affects the revenues derived by Guarantor by more than Five Million Dollars ($5,000,000) or Ten Million Dollars ($10,000,000) when aggregated with all previous amendments or modifications by Guarantor hereunder or by the other Guarantors, Guarantor provides a letter from each of the Rating Agencies confirming that such amendment, termination or modification will not result in a Rating Downgrade after giving effect to any mandatory redemption of Senior Secured Notes required to be made in connection with any such amendment, modification or termination pursuant to a Permitted Power Contract Buy-Out.
Amendments to Contracts. Any substantive change to a contract shall be considered an amendment. Substantive changes include time extensions, budget revisions, and significant alterations of the funded project that change the scope, location, objectives, or scale of the approved project. Amendments must be approved by the board. The authority may execute nonsubstantive or ministerial changes to the contract without board approval.
Amendments to Contracts. Seller shall not amend, modify ----------------------- or waive any provision of any Contract except as permitted by Section 13.2(b). ---------------
Amendments to Contracts. Not materially amend Hotel Contract or other contract, agreement and commitment listed in SCHEDULE 2.10.
Amendments to Contracts. Except as disclosed pursuant to Section 3.20 or in Schedule 3.20(a) or 3.20(b), neither any of the Companies nor Subsidiary has amended or modified or shall amend or modify any of its material contracts and agreements in any material respect.
Amendments to Contracts. After approval by Lender in accordance with Sections 3.11, 3.12, and 3.13, neither Borrowers nor Contractors shall, without the prior written approval or disapproval of Lender, amend, modify or in any way change the Construction Contracts, Architect's Contracts, or any Subcontract.
Amendments to Contracts. Neither the Company nor any Seller shall amend any Material Contract other than termination of the Bachman Related Matters (or the Company’s employee participation therein) at Closing.
