Substitute Performance. The “Borrower” is obligated to reimburse each “Bank” for those losses and costs which are incurred as a result of the “Bank” having refinanced a “Drawdown” requested by a “Borrower” without being able to pay out this amount because the preconditions established in this Facility Agreement for the “Drawdown” have been completely or partially not fulfilled or are no longer fulfilled.
Appears in 2 contracts
Sources: Facility Agreement (First Solar, Inc.), Facility Agreement (First Solar, Inc.)