Required Infrastructure. Neither (i) the Refinery (including the storage tanks, pipelines, racks, vessels, railroads, terminals and docks associated therewith) nor (ii) any of the storage tanks, pipelines, racks, vessels, railroads, railcars, railroad loading and unloading facilities, terminals, docks or other facilities, equipment and infrastructure that are necessary for MLC to fulfill its obligations under the Supply and Offtake Documents and the transactions contemplated thereby (such items in clauses (i) and (ii), collectively the “Required Infrastructure”) shall have been affected by loss or damage (whether or not covered by insurance) that reasonably would be expected to prevent the Borrower from storing crude oil at the Refinery, transporting crude oil to the Refinery, storing refined products at the Refinery or transporting refined products from the Refinery to delivery points for sales, except to the extent that such damage can be remedied within 30 days and the Borrower commits to make such repairs, in each case, in a manner and on terms reasonably satisfactory to the Administrative Agent.
Required Infrastructure. (a) MLC’s obligations under this Agreement, the other PESRM Transaction Documents, the MLC-PESIC Secured Prepay Transactions, the CO Supply Contracts, the PESRM-MLC Secured Prepay Transactions, RP Sales Contracts and/or Cover Transactions to supply Crude Oil to PESRM, to sell Crude Oil to purchasers, to purchase Refined Products from PESRM, to sell Refined Products to purchasers identified by PESRM and to purchase Refined Products from suppliers identified by PESRM are, in all respects, subject to any limits imposed by the working capacity available to MLC at any time on any vessels, barges, docks, racks, railcars, railroads, railroad loading and unloading facilities, terminals, pipelines, storage tanks and other facilities and equipment that are necessary to the performance by PESRM or MLC of its obligations under the PESRM Transactions, the MLC-PESIC Secured Prepay Transactions, the CO Supply Contracts, the PESRM-MLC Secured Prepay Transactions, the RP Sales Contracts and/or the Cover Transactions, including any such facilities at the Refinery, the other Basic Infrastructure and the Butane Rail Facility (collectively, as of any date of determination, the “Required Infrastructure”), and any failure of performance by MLC under any such contracts or transactions that results, directly or indirectly, from any limits imposed by the working capacity allocated to MLC on Required Infrastructure shall be excused and shall not give rise to a MLC Event of Default.
