Terminal Use Agreements Clause Samples

Terminal Use Agreements. Each Terminal Use Agreement referred to in the General Disclosure Package and the Final Prospectus conforms in all material respects to the descriptions thereof contained in the General Disclosure Package and the Final Prospectus.

Terminal Use Agreements. Each TUA provided to the Lenders is the current form of TUA, which agreements have not been amended (or further amended) from the versions delivered to the Lenders.

Terminal Use Agreements. The Borrower shall not issue to any Anchor Tenant any notice to commence, or otherwise commence, operations under a TUA without the prior consent of the Agent, which such consent shall be provided upon the receipt of a certificate from the Independent Engineer certifying that (i)(A) Phase 1 Substantial Completion has occurred or (B) that Phase 1 has been completed to the extent required for the Borrower to meet its obligations under such TUA and each other TUA then in effect and (ii) if Phase 1 Substantial Completion has not been achieved, the Operations Activity (as defined in the Phase 1 EPC Contract) or other transfer of care, custody and control to the Borrower shall not materially interfere with the Phase 1 EPC Contractor’s performance of its obligations under the Phase 1 EPC Contract so as to trigger the Phase 1 EPC Contractor’s rights to cease Operations Activity pursuant to Section 11.8A of the Phase 1 EPC Contract or get a Phase 1 Change Order, which such certification, in the case of clause (ii), shall be countersigned by the Phase 1 EPC

Terminal Use Agreements. (a) The Borrower shall not issue to any Anchor Tenant any notice to commence, or otherwise commence, operations under a TUA without the prior consent of the Agent, which such consent shall be provided upon the receipt of a certificate from the Independent Engineer certifying that (i)(A) Substantial Completion has occurred or (B) that the Project has been completed to the extent required for the Borrower to meet its obligations under such TUA and each other TUA then in effect and (ii) if Substantial Completion has not been achieved, the Operations Activity (as defined in the EPC Contract) or other transfer of care, custody and control to the Borrower shall not materially interfere with the EPC Contractor’s performance of its obligations under the EPC Contract so as to trigger the EPC Contractor’s rights to cease Operations Activity pursuant to Section 11.8A of the EPC Contract or get a Change Order, which such certification, in the case of clause (ii), shall be countersigned by the EPC Contractor. The Borrower shall not, without the prior consent of the Agent, select a window period pursuant to Section 6.2 of the Total TUA which shall terminate prior to (i) the date Substantial Completion is expected to occur pursuant to the Construction Budget and Schedule then in effect or (ii) the date on which the Project has been completed to the extent required for the Borrower to meet its obligations under the Total TUA and each other TUA then in effect, as certified by the Independent Engineer. (b) The Borrower shall elect a Second Window Period (as defined in the Total TUA) which shall terminate on April 1, 2009 or such other date at the election of the Borrower with the consent of the Majority Lenders.

Terminal Use Agreements. Each TUA as defined in and referred to in the General Disclosure Package and the Final Prospectus conforms in all material respects to the descriptions thereof contained in the General Disclosure Package and the Final Prospectus.