Common use of Production Specifications Clause in Contracts

Production Specifications. If, after submission of the Production Specifications for a Qualifying Project, such Production Specifications change either prior to or following a written acceptance thereof by the Revenue Participation Holders, then Issuer shall: (i) for the Production Specifications listed as items (i) to (xii) inclusively resubmit the amended Production Specifications for acceptance and written approval by the Revenue Participation Holders; (ii) for the Production Specifications listed as items (xiii) to (xvi) inclusively be entitled to make changes without approval if such changes result from force majeure, production exigencies and other matters beyond the reasonable control of Issuer, the Copyright Owner of such Funded Qualifying Project, if applicable, any Co-Producer of such Funded Qualifying Project, if applicable, and the Services Company providing services in connection with such Funded Qualifying Project; and (iii) for the Production Specifications listed as items (xvii) to (xix) inclusively resubmit the amended Production Specifications for acceptance and written approval by the Revenue Participation Holders if such change results in a fluctuation which is *****. In the event SGF does not approve any change to the Production Specifications for a Funded Qualifying Project requiring approval of the Revenue Participation Holders, then (a) Issuer shall pay to SGF an amount equal to the Purchase Price paid by SGF in connection with such Funded Qualifying Project, less any amounts paid to SGF on account of its Revenue Participation for such Funded Qualifying Project prior to the date of such payment, plus LIBOR (calculated from the date of each advance of funds by SGF) and (b) upon payment of such amount to SGF, (1) all of SGF’s rights, title and interest in and to such Funded Qualifying Project, including, without limitation, any Gross Receipts related thereto, shall automatically revert to Issuer, (2) all Gross Receipts and Rights in and to such Funded Qualifying Project shall be released from any hypothec or security interest granted in favour of SGF and (3) SGF shall execute and deliver to Issuer and Distributor all such documents and instruments as may be reasonably necessary to give effect to such reversion and release, including, without limitation, UCC financing change statements, documents to be filed in the RPMRR and an assignment and quitclaim to be registered in the CIPO and the USCO.

Production Specifications. If, after submission of the Production Specifications for a Qualifying Project, such Production Specifications change either prior to or following a written acceptance thereof by the Revenue Participation Holders, then Issuer shall: (i) for the Production Specifications listed as items (i) to (xii) inclusively resubmit the amended Production Specifications for acceptance and written approval by the Revenue Participation Holders; (ii) for the Production Specifications listed as items (xiii) to (xvi) inclusively be entitled to make changes without approval if such changes result from force majeure, production exigencies and other matters beyond the reasonable control of Issuer, the Copyright Owner of such Funded Qualifying Project, if applicable, any Co-Producer of such Funded Qualifying Project, if applicable, and the Services Company providing services in connection with such Funded Qualifying Project; and (iii) for the Production Specifications listed as items (xvii) to (xix) inclusively resubmit the amended Production Specifications for acceptance and written approval by the Revenue Participation Holders if such change results in a fluctuation which is *****. In the event SGF does not approve any change to the Production Specifications for a Funded Qualifying Project requiring approval of the Revenue Participation Holders, then (a) Issuer shall pay to SGF an amount equal to the Purchase Price paid by SGF in connection with such Funded Qualifying Project, less any amounts paid to SGF on account of its Revenue Participation for such Funded Qualifying Project prior to the date of such payment, plus LIBOR (calculated from the date of each advance of funds by SGF) and (b) upon payment of such amount to SGF, (1) all of SGF’s rights, title and interest in and to such Funded Qualifying Project, including, without limitation, any Gross Receipts related thereto, shall automatically revert to Issuer, (2) all Gross Receipts and Rights in and to such Funded Qualifying Project shall be released from any hypothec or security interest granted in favour of SGF and (3) SGF shall execute and deliver to Issuer and Distributor all such documents and instruments as may be reasonably necessary to give effect to such reversion and release, including, without limitation, UCC financing change statements, documents to be filed in the RPMRR and an assignment and quitclaim to be registered in the CIPO and the USCO. 4.