TANE definition
Examples of TANE in a sentence
If any Taxes shall be required by law to be deducted or withheld from any payment, the Borrowers shall increase the amount paid so that the respective Lender (other than TANE) receives when due (and is entitled to retain), after deduction or withholding for or on account of such Taxes (including deductions or withholdings applicable to additional sums payable under this Section 6.03), the full amount of the payment provided for in the Loan Documents.
If, at the time of the Initial Closing or the Option Closing, the Toshiba Credit Agreement has not been terminated, Investor shall, promptly upon its receipt of the Initial Investor Interests or the Additional Investor Interest, as applicable, pledge such interests, and any other membership interest in NINA Holdings acquired by TEPCO or any of its Affiliates, to TANE in accordance with the Toshiba Credit Agreement and the other Loan Documents (as defined in the Toshiba Credit Agreement).
As used herein, “EPC Contract” means that certain Amended and Restated Master Engineering, Procurement and Construction Agreement, dated as of November 29, 2010, among the Owners (as defined below), executed by STP Nuclear Operating Company, a Texas nonprofit company, as agent of the Owners, and an unincorporated consortium formed by S&W and TANE.
On the date of each Borrowing, each Lender (other than TANE in its capacity as Lender) shall make available a Loan in an amount equal to such Lender’s Pro Rata Share of such Borrowing in same day or immediately available funds, to the Administrative Agent for the Administrative Agent’s Account not later than 12:00 noon (New York time).
The obligations under the TANE Credit Facility and the other Loan Documents (as defined therein) have been paid off and in full or have been terminated or accelerated, in each case other than at its stated maturity date (as such maturity date is in effect on the date hereof) or the commitments from the lenders thereunder have been reduced below $300,000,000.
Nothing in this Agreement, including the preceding sentence, shall, however, release any claim any Borrower may have against TANE in its capacity as Contractor (and any Person providing credit support for the Contractor’s obligations), whether in connection with the EPC Contract, any Subcontract, Pre-FNTP Task Order (as defined in the EPC Contract), Equipment Purchase Approval or otherwise.
With respect to its Commitment, the Loans made by it and all other Obligations owing to it as a Lender, the Administrative Agent shall have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include TANE in its individual capacity as a Lender.
The Borrowers shall maintain the Existing TANE Credit Facility in force and effect in all material respects with commitments from the lenders thereunder of at least $300,000,000, except as such Existing TANE Credit Facility may be terminated on a date no earlier than its stated termination date (as such termination date is in effect on the date hereof) or as otherwise agreed by the Majority Lenders.
Rather, at the time of any Borrowing hereunder, a Loan shall be deemed to be advanced by TANE in its capacity as Lender in the amount equal to its Pro Rata Share of such Borrowing, and TANE in its capacity as Contractor shall deem the principal amount of such loan to have been received as a payment under the EPC Contract.
Each Lender hereby appoints TANE as the Administrative Agent, and authorizes the Administrative Agent to execute any Subordination Agreement and to take such action as agent on its behalf and to exercise such powers and perform such duties under this Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such powers as are reasonably incidental thereto.