Additional Project Contract each Contractual Obligation related to the operation, maintenance, management, administration, ownership or use of a Project, the provision of electricity and inputs therefor, the sale of electricity, the disposal of outputs therefrom or the provision of services therefor, entered into by, or assigned to, the Borrower or any of its Subsidiaries subsequent to the Closing Date (a) replacing a Major Project Contract as of the Closing Date, (b) pursuant to which the Borrower or such Subsidiary is required to make or receive payments in excess of seven million Dollars (US$7,000,000) per annum or (c) the termination of which could reasonably be expected to have a Material Adverse Effect, but excluding (i) any agreements, documents and instruments (A) providing for, governing or evidencing any Indebtedness permitted to be incurred under Section 7.2 or (B) pursuant to which a Permitted Lien is granted (or purported to be granted) or under which rights or remedies with respect to such Permitted Lien are governed (other than any Energy Management Agreement), (ii) any transmission service agreements entered into after the date hereof, (iii) any contracts, agreements and other documents entered into in connection with (A) any Disposition permitted under Section 7.5 or (B) any Investment permitted under Section 7.7, and (iv) any Commodity Hedge and Power Sales Agreement.
Additional Project Contract means each Contractual Obligation for the operation, maintenance, management, administration, interconnection, ownership, expansion or use of a Project, the provision of electricity and other inputs therefor, the storage, delivery and sale of capacity, electricity or other products therefrom, the disposal of outputs therefrom or the provision of services therefor, entered into by, or assigned to, a Loan Party subsequent to the Execution Date, but excluding (a) any agreements, documents and instruments (i) providing for, governing or evidencing any Indebtedness permitted to be incurred under Section 6.02 or (ii) pursuant to which a Permitted Lien is granted (or purported to be granted) or under which rights or remedies with respect to such Permitted Lien are governed (other than Permitted Energy Management Agreements), (b) any transmission service agreements entered into after the Execution Date, (c) any contracts, agreements and other documents entered into in connection with (i) any Disposition permitted under Section 6.04 or (ii) any Investment permitted under Section 6.09, (d) any Commodity Hedge and Power Sales Agreement, (e) any Permitted Gateway Contract and (f) each Permitted Vista Contract.
Additional Project Contract means each Contractual Obligation for the operation, maintenance, management, administration, interconnection, ownership, expansion or use of the Project, the provision of electricity and other inputs therefor, the storage, delivery and sale of capacity, electricity or other products therefrom, the disposal of outputs therefrom or the provision of services therefor, entered into by, or assigned to, a Loan Party subsequent to the Closing Date, but excluding (a) any agreements, documents and instruments (i) providing for, governing or evidencing any Indebtedness permitted to be incurred under Section 6.02 or (ii) pursuant to which a Permitted Lien is granted (or purported to be granted) or under which rights or remedies with respect to such Permitted Lien are governed (other than Permitted Energy Management Agreements), (b) any transmission service agreements entered into after the date hereof, (c) any contracts, agreements and other documents entered into in connection with (i) any Disposition permitted under Section 6.04 or (ii) any Investment permitted under Section 6.09, and (d) any Commodity Hedge and Power Sales Agreement.
Examples of Additional Project Contract in a sentence
The Borrower shall provide to the TIFIA Lender, promptly after execution thereof, a copy of each Additional Project Contract.
The Borrower shall provide written notice to the TIFIA Lender of the Borrower’s or SANDAG’s intent to enter into an Additional Project Contract and shall provide drafts of any such Additional Project Contracts at least thirty (30) days prior to the proposed effective date thereof, together with any related contracts, side letters or other understandings.
The Borrower shall provide a copy of each Additional Project Contract to the TIFIA Lender promptly after execution thereof.
The Borrower has delivered to the TIFIA Lender a fully executed, complete, and correct copy of each such Principal Project Contract and each Additional Project Contract required to be delivered to, or requested by, the TIFIA Lender pursuant to Section 16(b) (Copies of Documents) (including, in each case, all exhibits, schedules and other attachments) that is in effect, including any amendments or modifications thereto and any related credit support instruments or side letters.
The Borrower shall provide written notice to the TIFIA Lender of the Borrower’s intent to enter into an Additional Project Contract and, if such Additional Project Contract is subject to approval by the TIFIA Lender pursuant to Section 17(e) (Additional Project Contracts), shall provide drafts of any such Additional Project Contracts at least thirty (30) days prior to the proposed effective date thereof, together with any related contracts, side letters or other understandings.
More Definitions of Additional Project Contract
Additional Project Contract each Project Contract, entered into by (or assigned to) the Borrower or any of its Subsidiaries, on the one hand, and any other Person, on the other, subsequent to the Closing Date, but excluding (a) any agreements, documents and instruments (i) providing for, governing or evidencing any Indebtedness permitted to be incurred under Section 7.2 or (ii) pursuant to which a Permitted Lien is granted (or purported to be granted) or under which rights or remedies with respect to such Permitted Lien are governed (other than any Energy Management Agreement), (b) any transmission service agreements entered into after the date hereof, (c) any contracts, agreements and other documents entered into in connection with (i) any Disposition permitted under Section 7.5 or (ii) any Investment permitted under Section 7.7, and (d) any Commodity Hedge and Power Sales Agreement.
Additional Project Contract means any Construction Agreement entered into by the Borrower after the execution and delivery of this Agreement that is not included in the Procurement Schedule; provided, however, that a Construction
Additional Project Contract means any contract or agreement relating to the ownership, leasing, occupation, construction, testing, repair, operation, maintenance and use of the Project (other than Non-Material Project Contracts) entered into by the Company subsequent to the Effective Date.
Additional Project Contract means each agreement relating to the Project entered into by, or assigned to, a Loan Party subsequent to the Closing Date, the breach of which by such Loan Party or the counterparty thereto could reasonably be expected to have a Material Adverse Effect, but excluding any Contractual Obligation (a) providing for, governing or evidencing any Permitted Debt and any related Permitted Lien for such Permitted Debt, (b) entered into to consummate any sale, lease, transfer or disposal allowed pursuant to the Loan Documents or (c) providing for, governing or evidencing any investments permitted pursuant to the Loan Documents.
Additional Project Contract means any contract, agreement, letter of intent, understanding or instrument (other than a Principal Project Contract) entered into by (or on behalf of) the Borrower after the Effective Date, providing for the design, construction, testing, or start- up of the Project.
Additional Project Contract means any additional contract with an aggregate value equal to or greater than U.S.$5,000,000 entered into by or assigned to the Pledgor after the execution of the Common Agreement, related to the development, construction and completion of the Project.