Common use of Rescue Financing Clause in Contracts

Rescue Financing. ‌ Notwithstanding the definitions of “Capital Amount” and “Force Majeure Capital Amount” in Section 18.1 and the definition of “Senior Debt Financing” in Section 1.1, if the Province expressly and by express reference to this Section 18.12 so agrees, in consideration of the Contractor raising financing in addition to the amount of the Project Financing in order to enable completion of the Project, then the amount of such additional financing up to a maximum of 10% of the initial amount of the Senior Debt Financing shall be known as “Rescue Financing”, and in that event: (a) the Capital Amount and the Force Majeure Capital Amount shall be adjusted so as to include the value of the Rescue Financing; and (b) for the purposes of the Redemption Payment, the Rescue Financing shall be deemed to be part of the Senior Debt Financing.

Rescue Financing. ‌ Notwithstanding the definitions definition of “Capital Amount” and the definition of “Force Majeure Remaining Capital AmountPayments” in Section 18.1 and the definition of “Senior Debt Financing” in Section 1.1, if the Province expressly and by express reference to this Section 18.12 so agrees, in consideration of the Contractor raising financing in addition to the amount of the Project Financing in order to enable completion of the Project, then the amount of such additional financing up to a maximum of 10% of the initial amount of the Senior Debt Financing shall be known as “Rescue Financing”, and in that event: (a) the Capital Amount and the Force Majeure Capital Amount shall be adjusted so as to include the value of the Rescue Financing and the Remaining Capital Payments shall be adjusted so as to include the remaining debt payments on the Rescue Financing; and (b) for the purposes of the Redemption Payment, the Rescue Financing shall be deemed to be part of the Senior Debt Financing.

Rescue Financing. ‌ Notwithstanding the definitions definition of “Capital Amount” and “Force Majeure Capital Amount” in Section 18.1 and the definition of “Remaining Capital Payments” in Section 18.7 and the definition of “Senior Debt Financing” in Section 1.1, if the Province expressly and by express reference to this Section 18.12 so agrees, in consideration of the Contractor raising financing in addition to the amount of the Project Financing in order to enable completion of the Project, then the amount of such additional financing up to a maximum of 10% of the initial amount of the Senior Debt Financing shall be known as “Rescue Financing”, and in that event: (a) the Capital Amount and the Force Majeure Capital Amount shall be adjusted so as to include the value of the Rescue Financing and the Remaining Capital Payments shall be adjusted so as to include the remaining debt payments on the Rescue Financing; and (b) for the purposes of the Redemption Payment, the Rescue Financing shall be deemed to be part of the Senior Debt Financing.