Shared Facilities Arrangement definition

Shared Facilities Arrangement means any arrangement that provides for the sharing, joint operation or use, common ownership, leasing or contingent use of Shared Facilities between the Borrower or any of its Subsidiaries and any owner of Expansion Assets or Toll Party (as defined below), and/or their respective lenders, including (a) agreements for the sharing or joint use or operation of Shared Facilities, (b) ownership of undivided interests in Shared Facilities as tenants in common or other similar forms of joint ownership, (c) leasing of Shared Facilities by the Borrower or any of its Subsidiaries to an owner of Expansion Assets, (d) ownership of Shared Facilities by a single purpose entity formed solely to own the Shared Facilities and owned by the Borrower or any of its Subsidiaries or jointly owned by the Borrower or any of its Subsidiaries and the owner of the Expansion Assets, (e) tolling agreements between the Borrower or any of its Subsidiaries and any other Person (the "Toll Party") with respect to a Facility's steam turbine, (f) granting of conditional or unconditional real estate rights for the construction, installation or use of Shared Facilities, (g) Liens on the Shared Facilities or interests therein to secure any such arrangement; provided, that the Borrower shall deliver to the Collateral Agent an Officer's Certificate to the effect that, and, with respect to items (c) and (d) below, a nationally-recognized independent engineer will deliver a report concluding that (subject to customary assumptions and qualifications):
Sample 1Sample 2Sample 3
Shared Facilities Arrangement means any arrangement that provides for the sharing, joint operation or use, common ownership, leasing or contingent use of Shared Facilities between the Company or any of its Subsidiaries and any owner of Expansion Assets or Toll Party (as defined below), and/or their respective lenders, including (1) agreements for the sharing or joint use or operation of Shared Facilities, (2) ownership of undivided interests in Shared Facilities as tenants in common or other similar forms of joint ownership, (3) leasing of Shared Facilities by the Company or any of its Subsidiaries to an owner of Expansion Assets, (4) ownership of Shared Facilities by a single purpose entity formed solely to own the Shared Facilities and owned by the Company or any of its Subsidiaries or jointly owned by the Company or any of its Subsidiaries and the owner of the Expansion Assets, (5) tolling agreements between the Company or any of its Subsidiaries and any other Person (the "Toll Party") with respect to a Facility's steam turbine, (6) granting of conditional or unconditional real estate rights for the construction, installation or use of Shared Facilities, and (7) Liens on the Shared Facilities or interests therein to secure any such arrangement; provided, that the Company will deliver to the Collateral Agent an Officer's Certificate to the effect that, and, with respect to items (c) and (d) below, a nationally recognized independent engineer will deliver a report concluding that (subject to customary assumptions and qualifications):
Sample 1Sample 2Sample 3

Examples of Shared Facilities Arrangement in a sentence

  • So long as the Shared Facilities Arrangement is in place, any new franchise agreement executed in connection with a Transfer, or any successor franchise agreement executed between you and us must contain the provisions set forth in this Addendum.

Related to Shared Facilities Arrangement

  • Shared Facilities means the gen-tie lines, transformers, substations, or other equipment, permits, contract rights, and other assets and property (real or personal), in each case, as necessary to enable delivery of energy from the Facility (which is excluded from Shared Facilities) to the point of interconnection, including the Interconnection Agreement itself, that are used in common with third parties.

  • Existing Facilities means all existing buildings and other facilities, the sites for the buildings or facilities, and furnishings or equipment for the buildings or facilities located on real property acquired by the building authority under the terms of this act.

  • Pollution control facilities means water and air pollution control equipment and solid waste disposal facilities or any of them.

  • DIP Facilities means the DIP ABL Facility and the DIP Term Loan Facility.

  • City Facilities means city- or publicly-owned structures or equipment located within the right-of-way or public easement used for governmental purposes.

  • Other Facilities means athletic stadiums, swimming pools, any associated structures or related equipment tied to such facilities including, but not limited to, grandstands and night field lights, greenhouses, facilities used for non-instructional or non-educational purposes, and any structure, building, or facility used solely for school administration;

  • Community facilities means a specific work, or improvement within this state or a specific item of equipment or tangible personal property owned or operated by any political subdivision or nonprofit corporation and used within this state to provide any essential service to the general public;

  • Common Facilities means the facilities under D.G.sets/D.G.rooms, water storage tanks its pumping and supply system, sewerage & drainage systems, electric sub-station/ transformers/electric panels/distribution network, maintenance service rooms, lawns including lighting & services etc., roads, pathways & driveways including street lighting & services etc., guard posts, fire hydrants & fire fighting system etc. and all such facilities and areas for common use and excluded from the computation of Super Area of the Said Premises;

  • Idle facilities means completely unused facilities that are excess to the governmental unit's current needs.

  • Generating Facilities means Interconnection Customer’s device for the production and/or storage for later injection of electricity identified in the Interconnection Request, but shall not include the Interconnection Customer’s Interconnection Facilities. Generation Interconnection Customer:

  • Existing Facility means a facility in existence on any given date, newly constructed or altered.

  • Utility Facilities means the plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cable, wires, plant and equipment located under, on, or above the surface of the ground within the public right-of-way of the city and used or to be used for the purpose of providing utility or telecommunications services. (Ord. 99-1003 §1 (part), 1999)

  • Existing Facility Agreement means the senior secured credit facility dated 26 October 2000 made between, inter alia, UPC Broadband, UPC Financing and Toronto Dominion (Texas) LLC as facility agent and the banks and financial institutions listed therein, as amended from time to time.

  • Required Facility Documents means all licenses, permits, authorizations, and agreements necessary for construction, operation, interconnection, and maintenance of the Facility including without limitation those set forth in Exhibit C.

  • Railroad facilities means right of way and related

  • Shared Services Agreement means an agreement entered into between two or more municipalities, including the District Municipality, whereby the participating municipalities agree to share services described in the agreement;

  • Local Facilities means working capital facilities provided to a Grantor (other than Beverage Packaging Holdings (Luxembourg) I S.A., Beverage Packaging Holdings (Luxembourg) II S.A. Beverage Packaging Holdings (Luxembourg) III S.à.x.x. and the Borrowers) by a Local Facility Provider and “Local Facility” means any of them.

  • On-site facility means a structural BMP located within the subject property boundary described in the permit application for land development activity.

  • Bank Facilities means any overdraft limits or credit facility available to you and their associated terms;

  • New Facilities means facilities for which, by the cut-off date, neither of the following events has occurred: