Unavoidable Fixed Costs definition
Unavoidable Fixed Costs means the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding:
Unavoidable Fixed Costs means the fixed costs incurred by Project Co which first fall due for payment by Project Co during the period of indemnity but excluding: costs which could have reasonably been mitigated or avoided by Project Co; payments to Project Co’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in Project Co, providers of Subordinated Debt and any other financing costs other than Senior Debt Service Costs indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments Project Co can recover under contract or in respect of which Project Co has a remedy against another person in respect of the same liability; payments to the extent that Project Co has available to it including reserves which Project Co can draw upon without breaching the Senior Financing Agreement; standby or contingent facilities or funds of Senior Debt or equity which Project Co is entitled to have available; payments representing any profits of the Project (to the extent not already excluded in (e) above)
Unavoidable Fixed Costs means the fixed costs incurred by DBFM Co which first fall due for payment by DBFM Co during the period of indemnity but excluding:
More Definitions of Unavoidable Fixed Costs
Unavoidable Fixed Costs should mean the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding: (a) costs which could have reasonably been mitigated or avoided by the Contractor; (b) payments which are not entirely at arm's length; (c) payments to holders of equity in the Contractor, subordinated debt holders and any other financing costs other than Senior Debt Service Costs; (d) Indirect Losses suffered or allegedly suffered by any person; (e) fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; (f) payments the Contractor can recover under contract or in respect of which the Contractor has a remedy against another person in respect of the same liability; (g) payments to the extent that the Contractor has available to it: (i) reserves which the Contractor can draw upon without breaching the Senior Financing Agreement; (ii) standby or contingent facilities or funds of senior debt or equity which the Contractor is entitled to have available; (h) payments representing any profits of the Contractor (to the extent not already excluded in (e) above);
Unavoidable Fixed Costs means the fixed costs incurred by PPP Co. which first fall due for payment by PPP Co. during the period of indemnity but excluding:- costs which could have reasonably been mitigated or avoided by PPP Co.; payments to PPP Co.’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in PPP Co., Junior Lenders and any other financing costs other than Senior Debt Service Costs; indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments PPP Co. can recover under contract or in respect of which PPP Co. has a remedy against another person in respect of the same liability; payments to the extent that PPP Co. has available to it reserves which PPP Co. can draw upon without breaching the Senior Funding Agreement; standby or contingent facilities or funds of Senior Debt or equity which PPP Co. is entitled to have available;
Unavoidable Fixed Costs the fixed costs incurred by the Contractor which first fall due for payment by the Contractor during the period of indemnity but excluding:- (a) costs which could have reasonably been mitigated or avoided by the Contractor; (b) payments to the Contractor’s Associated Companies; (c) payments which are not entirely at arm’s length; (d) payments to holders of equity in the Contractor, Subordinated Lenders and any other financing costs other than Senior Debt Service Costs; (e) indirect losses suffered or allegedly suffered by any person; (f) fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; (g) payments the Contractor can recover under contract or in respect of which the Contractor has a remedy against another person in respect of the same liability; (h) payments to the extent that the Contractor has available to it:- (i) reserves which the Contractor can draw upon without breaching the Senior Financing Agreement; (ii) standby or contingent facilities or funds of Senior Debt or equity which the Contractor is entitled to have available; (i) payments representing any profits of the Project (to the extent not already excluded in (e) above);
Unavoidable Fixed Costs means the liabilities of the Contractor under the Senior Funding Agreements.
Unavoidable Fixed Costs means the fixed costs incurred by Sub-hubco which first fall due for payment by Sub-hubco during the period of indemnity but excluding: costs which could have reasonably been mitigated or avoided by Sub-hubco; payments to Sub-hubco’s Associated Companies; payments which are not entirely at arm’s length; payments to holders of equity in Sub-hubco, providers of Subordinated Debt and any other financing costs other than Senior Debt Service Costs indirect losses suffered or allegedly suffered by any person; fines, penalties or damages for unlawful acts, breaches of contract or other legal obligations; payments Sub-hubco can recover under contract or in respect of which Sub-hubco has a remedy against another person in respect of the same liability; payments to the extent that Sub-hubco has available to it including: reserves which Sub-hubco can draw upon without breaching the Senior Funding Agreements; standby or contingent facilities or funds of Senior Debt or equity which Sub-hubco is entitled to have available; payments representing any profits of the Project (to the extent not already excluded in (e) above);