Exclusions from Cap Sample Clauses

Exclusions from Cap. The USM Cap shall not apply to financing required for the OPEX needs of the Company, which will always be funded pro-rata to the equity interest held by each shareholder in the Company, in the form to be mutually agreed by them. USM’s obligation to fund any and all OPEX-including those incurred since the incorporation date of the Company-will be conditioned upon USM’s obligation to fund the CAPEX needs related to Phase 1, as contemplated in Section 4.8. Moreover, the USM Cap shall not apply after the completion of Phase 2-i.e., once the JV Plant reaches the capacity to produce JV Products from sugar cane syrup obtained from crushing of 2,000,000 (two million) tons of sugar cane.