Material Modifications. The Borrower shall not consent to a Material Modification with respect to any Collateral Obligation without the express written consent of the Facility Agent (in its sole discretion).
Material Modifications. With respect to each Material Modification that Owner proposes (if any), Owner shall deliver to ACC a written notice containing the following information (each such written notice, a “Material Modification Notice”): (1) a true, correct and complete description of the proposed Material Modification, clearly identifying all associated changes, omissions and additions as compared to the previously provided Plans, Project Budget, Project Construction Schedule and/or other document pertinent to Owner’s obligations under this Agreement; (2) such supporting information as is reasonably necessary to evaluate the necessity and/or desirability of such Material Modification; (3) a description of the negative impact, if any, on the Project; (4) any and all reports then due from Owner pursuant to this Agreement (in order that ACC shall have the ability to review current Project information); and (5) such other information as ACC may reasonably require to evaluate the proposed Material Modification identified therein. Upon receipt of a Material Modification Notice and any additional information requested by ACC, ACC will review the submission and deliver to Owner written objections to, or written approval of, the proposed Material Modification within thirty (30) Business Days after receipt of the Material Modification Notice and all additional information requested by ACC; provided, however, if (i) there then exists an event of Force Majeure or a Default by Owner of any obligations hereunder, ACC shall have such amount of time as it requires to consider any such Material Modification and (ii) if consent from ACC or any other governmental entity or jurisdiction is required, a response from ACC shall not be owed until such time as ACC and/or other governmental entity or jurisdiction, as applicable, has approved or disapproved such Material Modification. If and to the extent ACC determines that any Material Modification requires approval by any governmental entity or jurisdiction other than ACC, ACC shall forward a copy of the Material Modification Notice to such other governmental entity or jurisdiction, as applicable, for approval, and ACC and/or such other governmental entity or jurisdiction, as applicable, shall have such amount of time as reasonably required to approve or disapprove any such Material Modification or amendment (including related Board of Education approval, if any). If ACC determines, in its reasonable judgment, that any proposed Material Modifications...
Material Modifications. After the occurrence of an Event of Default, the Borrower shall not consent to a Material Modification with respect to any Collateral Obligation without the express written consent of the Administrative Agent (in its sole discretion). Prior to the occurrence of an Event of Default, the Borrower shall not consent to a Material Modification with respect to any Collateral Obligation without the express written consent of the Administrative Agent (in its sole discretion) if, after giving effect to such Material Modification, (i) the aggregate principal amount of all outstanding Advances would be greater than the Borrowing Base or (ii) the Minimum Weighted Average Spread Test, the Minimum Weighted Average Coupon Test or the Maximum Weighted Average Life Test would not be satisfied.
Material Modifications. TRG agrees to develop the Project in accordance with the Approved Project Plans and the Approved Rezoning Ordinance shown in Exhibit “E”. TRG shall not materially and substantially change or modify the Approved Project Plans without following the procedure set forth in the City of Flowery Branch Code which procedures require the approval of the City Council to change or modify the plan of development.
Material Modifications. If Interconnection Customer proposes to make any modification other than those specifically permitted by Sections 4.4.1 and 4.4.2, Interconnection Customer shall first request that IPA evaluate whether such modification is a Material Modification. In response to Interconnection Customer’s request, IPA shall evaluate the proposed modifications and inform Interconnection Customer in writing of whether the modifications would constitute a Material Modification. Any change to the Point of Interconnection, except those permitted under this Article 4, Article 6 or Section 7.1, shall constitute a Material Modification. If IPA determines that a proposed modification is a Material Modification, Interconnection Customer shall proceed with a new Interconnection Request for such modification.
Material Modifications. Any proposed material modification of the Project shall be subject to approval by the Fund.
Material Modifications. The Borrower shall not consent to a Material Modification with respect to any Collateral Obligation without the express written consent of the Facility Agent (in its sole discretion) after the occurrence of a Facility Termination Event; provided that, if the Facility Agent fails to provide consent to any amendment or waiver to the extent required under this Section 10.18, then notwithstanding any provision of the Facility Documents to the contrary (excluding Section 7.11(a)(iv)), the Borrower shall be permitted to sell or distribute the relevant Collateral Obligation as long as the sale price is at least equal to par.
Material Modifications. This Plan may not be amended to modify materially its terms unless such amendment is approved a majority of both (a) the Board and (b) the Independent Directors; provided; however; that a new Fund may be added, or an existing Fund deleted, by the Issuer upon approval by the Issuer’s Board by executing an amendment with a revised Schedule A to this Plan.
Material Modifications. If the Developer proposes to make a Material Modification to the 2022 Project, it will submit the proposed modifications to the City in writing for review and approval by it. Any such submission must clearly identify all, changes, omissions and additions as compared to the previously approved description of, budget or construction schedule for the 2022 Project. Such submission shall also include the projected impact, if any, on the Positive Tax Allocation Increment and such other information as reasonably requested by the City for the purpose of evaluating the request. The City will have fifteen (15) business days after submission of the proposed modifications to review the submission and deliver to the Developer written comments to or written approval of the modifications. If the City determines, in its reasonable judgment, that the proposed modifications are acceptable, the City will notify the Developer in writing, the proposed modifications will be deemed to be incorporated, and the Developer will perform its obligations under this Agreement as so modified. If the City determines, in its reasonable judgment , that the proposed modifications are not acceptable, the City will so notify the Developer in writing, specifying in reasonable detail in what respects they are not acceptable and, by written notice to the City, the Developer will either (a) withdraw the proposed modifications, in which case, construction will proceed on the basis of the description of, budget or construction schedule for the 2022 Project previously approved as provided herein; or (b) revise the, proposed modifications in response to such objections, and resubmit such revised modifications to the City for review and approval by it within thirty (30) business days after such notification as described above. If the City has not responded to the Developer within thirty (30) business days after any submission, the proposed modifications will be deemed approved. In addition, to the extent any Material Modification requires an amendment to any portion of the Redevelopment Plan, the City will have such amount of time as reasonably required to pursue any such amendment.
Material Modifications. Any proposed material modification of the Project shall be subject to approval by SEEA.
