Ancillary Agreement Any written agreement of the Lessee to which the Lessor is a party or to which the Lessor has consented in writing entered into on or prior to the Delivery Date or any date thereafter in connection with the transactions contemplated by the Operative Agreements, as such agreement may be amended and supplemented from time to time with the consent of the Lessor and delivered to the Owner Trustee, the Indenture Trustee, the Pass Through Trustee, the Subordination Agent, each Liquidity Provider and the Owner Participant. Ancillary Agreement I. The Ancillary Agreement I (Federal Express Corporation Trust No. N680FE), dated the Delivery Date, among the Lessee, the Owner Trustee, not in its individual capacity, but solely as Owner Trustee, the Owner Participant and the Indenture Trustee not in its individual capacity, but solely as Indenture Trustee, as originally executed or as amended, modified or supplemented with the consent of all the parties thereto.
Ancillary Agreements Except as expressly set forth herein, this Agreement is not intended to address, and should not be interpreted to address, the matters specifically and expressly covered by the Ancillary Agreements.
Ancillary Documents (a) Project Co shall not:
Survival of Warranties and Certain Agreements A. All agreements, representations and warranties made herein shall survive the execution and delivery of this Agreement, the making of the Loans hereunder, the execution and delivery of the Notes and the issuance of the Letters of Credit.
Electronic Execution of Assignments and Certain Other Documents The words “execution,” “signed,” “signature,” and words of like import in any Assignment and Assumption or in any amendment or other modification hereof (including waivers and consents) shall be deemed to include electronic signatures or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act.
Transaction Agreements Except as expressly set forth herein, this Agreement is not intended to address, and should not be interpreted to address, the matters specifically and expressly covered by the other Transaction Agreements.
Amendments of Constitutive Documents Amend, or permit any of its Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents other than amendments that could not be reasonably expected to have a Material Adverse Effect.
OTHER AGREEMENTS, ETC It is understood that any of the shareholders, Trustees, officers and employees of the Trust may be a partner, shareholder, director, officer or employee of, or be otherwise interested in, the Manager, and in any person controlled by or under common control with the Manager, and that the Manager and any person controlled by or under common control with the Manager may have an interest in the Trust. It is also understood that the Manager and persons controlled by or under common control with the Manager have and may have advisory, management service, distribution or other contracts with other organizations and persons, and may have other interests and businesses.
Superseded Agreements This Service Agreement supersedes and cancels, as of the effective date hereof, the following Service Agreements: FTS1 37824 DELTA NATURAL GAS CO., INC. By: /s/Axxx X. Xxxxx Name: Axxx X. Xxxxx Title: Vice President – Operations and Engineering Date: September 30, 1994 COLUMBIA GULF TRANSMISSION COMPANY By: /s/ S. X. Xxxxxxx Name: S. X. Xxxxxxx Title: Vice President Date: 10/11/94 Appendix A to Service Agreement No. 43827 Revision No. 2 Under Rate Schedule FTS-1 Between (Transporter) Columbia Gulf Transmission Company and (Shipper) Delta Natural Gas Company, Inc., Sxxxxxx Division Transportation Demand Begin Date End Date Transportation Demand Dth/day Recurrence Interval November 1, 1994 October 31, 2010 860 1/1 – 12/31 November 1, 2010 October 31, 2015 860 1/1 – 12/31 Primary Receipt Points Begin Date End Date Measuring Point No. Measuring Point Name Maximum Daily Quantity (Dth/Day) Recurrence Interval November 1, 1994 October 31, 2010 2700010 CGT – Rayne 860 1/1 – 12/31 November 1, 2010 October 31, 2015 2700010 CGT – Rayne 860 1/1 – 12/31 Primary Delivery Points Begin Date End Date Measuring Point No. Measuring Point Name Maximum Daily Quantity (Dth/Day) Recurrence Interval November 1, 1994 October 31, 2010 801 Gulf - Lxxxx 860 1/1 – 12/31 Appendix A to Service Agreement No. 43827 Revision No. 2 Under Rate Schedule FTS-1 Between (Transporter) Columbia Gulf Transmission Company and (Shipper) Delta Natural Gas Company, Inc., Sxxxxxx Division The Master List of Interconnects (MLI) as defined in Section 1 of the General Terms and Conditions is incorporated herein by reference for purposes of listing valid secondary interruptible receipt points and delivery points. _____ Yes __X__ No (Check applicable blank) Transporter and Shipper have mutually agreed to a Regulatory Restructuring Reduction Option pursuant to Section 34 of the General Terms and Conditions of Transporter's FERC Gas Tariff. _____ Yes __X__ No (Check applicable blank) Shipper has a contractual right of first refusal equivalent to the right of first refusal set forth from time to time in Section 4 of the General Terms and Conditions of Transporter's FERC Gas Tariff. _____ Yes __X__ No (Check applicable blank) All gas shall be delivered at existing points of interconnection within the Maximum Daily Quantity, as applicable, set forth in Transporter's currently effective Rate Schedule FTS-1 Appendix A with Shipper, which for such points set forth are incorporated by reference. _____ Yes __X__ No (Check applicable blank) This Service Agreement covers interim capacity sold pursuant to the provisions of General Terms and Conditions Section 4.2(j). Right of first refusal rights, if and, applicable to this interim capacity are limited as provided for in General Terms and Conditions Section 4.2(j). CANCELLATION OF PREVIOUS APPENDIX A Service changes pursuant to this Appendix A, Revision No. 2 shall commence as of November 01, 2010. This Appendix A, Revision No. 2 shall cancel and supersede the previous Appendix A, Revision No. 1 to the Service Agreement dated November 01, 1994. With the exception of this Appendix A, Revision No. 2, all other terms and conditions of said Service Agreement shall remain in full force and effect. Delta Natural Gas Company, Inc., Sxxxxxx Division Columbia Gulf Transmission, LLC By: Sxxxxxx Xxxx By: Mxxx Xxxxx Its: Agent Its: Director Commercial Services Date: April 28, 2010 Date: April 27, 2010 SERVICE AGREEMENT NO. 43828 CONTROL NO. 1994-07-02 – 0041 FTS 1 SERVICE AGREEMENT THIS AGREEMENT, made and entered into this 4th day of October, 1994, by and between: COLUMBIA GULF TRANSMISSION COMPANY ("TRANSPORTER") AND DELTA NATURAL GAS CO., INC. ("SHIPPER")
Effect of Other Agreements Notwithstanding any provision herein to the contrary, in the event of any inconsistency between this Section 6 and any employment, severance or change in control agreement between you and the Company or a similar plan or arrangement sponsored or maintained by the Company in which you participate, the terms of such employment, severance or change in control agreement or similar plan or arrangement shall control.
