Common use of Other than Clause in Contracts

Other than. (1) cash calls under an approved Program and Budget which are not Additional Contributions (as those terms are defined in the MDOA); (2) expenditures which the Borrower makes as the manager of the Project on behalf of the other participant pursuant to the MDOA; (3) its share of Budget overruns of less than ten percent, as described in section 9.8 of the MDOA; and (4) emergency expenditures made in accordance with section 9.9 of the MDOA, where under the terms of the MDOA the agreement of the Borrower (in its capacity as a participant in the Project, and not the manager of the Project) is required for any Project expenditure not contemplated by the Project Plan, the Borrower will give notice to the Agent of such expenditure. The Borrower will not agree to the relevant expenditure being incurred without the consent of the Agent, but the Agent will not withhold its consent if it is satisfied (acting reasonably) that the incurring of the relevant expenditure will not result in:

Other than. (1) cash calls under an approved Program and Budget which are not Additional Contributions (as those terms are defined in the MDOA); (2) expenditures which the Borrower makes as the manager of the Project on behalf of the other participant pursuant to the MDOA; (3) its share of Budget overruns of less than ten percent, as described in section 9.8 of the MDOA; and (4) emergency expenditures made in accordance with section 9.9 of the MDOA, where under the terms of the MDOA the agreement of the Borrower (in its capacity as a participant in the Project, and not the manager of the Project) is required for any Project expenditure not contemplated by the Project Plan, the Borrower will give notice to the Agent of such expenditure. The Borrower will not agree to the relevant expenditure being incurred without the consent of the Agent, but the Agent will not withhold its consent if it is satisfied (acting reasonably) that the incurring of the relevant expenditure will not result in: (A) a breach of the either of the financial undertakings set out in clause 8.25(a); or (B) the Borrower being unable to make repayments or payments of principal, interest or other amounts payable under this agreement.