Common use of Borrower Required to Pay Costs in Event Project Fund Insufficient Clause in Contracts

Borrower Required to Pay Costs in Event Project Fund Insufficient. In the event the moneys in the Project Fund (including moneys from the proceeds of any Additional Bonds sold to finance completion of the Project) should not be sufficient to pay all costs payable therefrom, the Borrower agrees, in order to fulfill the public purposes for which the Project is to be used, to complete the acquisition, construction and equipping to be accomplished pursuant hereto and to pay all costs therefor in full; provided, however, that nothing contained herein shall impair the Borrower’s rights under Article VIII hereof. The Issuer does not make any warranty, either expressed or implied, that the moneys, which will be paid into the Project Fund and which under the provisions of this Agreement will be available for payment of the costs of the acquisition, construction and equipping to be accomplished pursuant hereto, will be sufficient to pay all the costs which will be incurred in that connection. The Borrower agrees that if after exhaustion of the moneys in the Project Fund the Borrower should pay pursuant hereto any portion of the said costs listed in Section 4.2 hereof, it shall not be entitled to any reimbursement therefor from the Issuer, the Trustee, or the holders of any of the Bonds, nor shall it be entitled to any diminution in or abatement or postponement of the Loan Payments.

Appears in 3 contracts

Samples: Loan Agreement (First United Ethanol LLC), Loan Agreement (Renewable Energy Group, Inc.), Loan Agreement (First United Ethanol LLC)

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Borrower Required to Pay Costs in Event Project Fund Insufficient. In the event the moneys in the Project Fund (including moneys from the proceeds of any Additional Bonds sold to finance completion available for payment of the Project) should Project Costs shall not be sufficient to pay all such costs payable therefromin full, the Borrower agreesagrees to complete, in order or cause to fulfill the public purposes for which be completed, the Project is and to pay, or cause to be usedpaid, to complete all that portion of the acquisition, construction and equipping to Project Costs as may be accomplished pursuant hereto and to pay all costs in excess of the moneys available therefor in fullthe Project Fund; providedprovided that in any event, however, that nothing contained herein the Borrower shall impair pay at least $68,000,000 of the Project Costs by the Borrower’s rights under Article VIII hereof's Contribution. The Issuer Authority does not make any warranty, either expressed express or implied, that the moneys, moneys which will be paid into the Project Fund and which which, under the provisions of this Agreement Agreement, will be available for payment of the costs of the acquisition, construction and equipping to be accomplished pursuant heretoProject Costs, will be sufficient to pay all the costs which have been or will be incurred in that connection. The Borrower agrees that if after if, notwithstanding the exhaustion of the moneys in the Project Fund Fund, it shall not have been fully reimbursed for the Borrower should pay pursuant hereto any portion of the said costs listed in Section 4.2 hereofProject Costs, it shall not be entitled to any reimbursement therefor from the Issuer, Authority or from the Trustee, Trustee or from the holders Holders of any of the BondsNotes, nor shall it be entitled to any postponement, abatement, or diminution in or abatement or postponement of the Loan Paymentspayments required by this Agreement. The obligation of the Borrower to complete, or cause to be completed, the Project shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Bangor Hydro Electric Co)

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