Additional Financing. The Borrower hereby covenants and agrees that, except for Permitted Encumbrances and except as otherwise contemplated in the Mortgage, without the prior written consent of the Significant Bondholder, if any, it shall not create, incur, assume or guaranty any financing secured by the Project or other financings except (i) the transactions contemplated in the Subordinate Loan Documents, (ii) the Permitted Encumbrances and as otherwise contemplated in the Mortgage, and (iii) unsecured loans or advances by the Borrower’s partners as contemplated or permitted by the Partnership Agreement.
Additional Financing. Except as otherwise provided in this Article V, no Member shall be obligated or permitted to contribute any additional capital to the Company without the consent of the Board of Managers. No interest shall accrue on any contributions to the capital of the Company, and no Member shall have the right to withdraw or to be repaid any capital contributed by it or to receive any other payment in respect of its interest in the Company, including without limitation as a result of the withdrawal or resignation of such Member from the Company, except as specifically provided in this Agreement. The records of the Company shall be adjusted to reflect any additional contributions to the capital of the Company made pursuant to Section 5.2.
Additional Financing. Subscriber further acknowledges that nothing hereunder shall preclude the Company from seeking and/or procuring additional equity and/or debt financing.
Additional Financing. The parties hereto acknowledge that the Lenders have made no agreement or commitment to provide any financing except as set forth herein.
Additional Financing. The Investor understands that Lenz will -------------------- require additional xxnancing in the figure, that Lenz has no commitments for such financing at this time and has no axxxxances that it will be able to obtain additional financing, or if obtained what price, terms and conditions will be attached to such financing. The Investor acknowledges that Lenz intends to issue substantial shares in several rounds of future xxxancings, and that in the course of such issuances, the Investor's percentage ownership in Lenz will be substantially diluted.
Additional Financing. Nothing herein contained shall prevent the Company from issuing any other securities or rights with respect thereto during the period within which a Warrant is exercisable, upon such terms as the Company may deem appropriate.
Additional Financing. The parties hereto acknowledge that the Banks have made no agreement or commitment to provide any financing except as set forth herein.
Additional Financing. Purchaser further acknowledges that nothing hereunder shall preclude the Company from seeking and/or procuring additional equity and/or debt financing.
Additional Financing. 86 11.10 No Partnership, Etc............................................. 86 11.11 Mortgage/Collateral Documents................................... 87 11.12
Additional Financing. Notwithstanding any other provision to the contrary in this Agreement, the Term Notes, Mortgage, Security Agreement, Disbursement Agreement or any other document, Borrower shall have the right to seek outside financing (whether in the form of debt, equity, lease, joint venture or otherwise) to finance the cost of the expansion of the Facility (beyond the 165 megawatts of generating capacity currently under construction) to include one or more additional turbines and other related protec- tive, interconnection and transmission equipment ("the Additional Assets"). Such financing may contemplate that the proposed obligations would be secured, in whole or in part, by (i) a first and exclusive lien on the Additional Assets, and/or (ii) the assignment of any Additional Contracts providing for the sale or transmission of electricity or steam generated solely by the Additional Assets, which Additional Contracts are separate and independent from the Power Purchase Agreements and other similar contracts then in existence relating to the purchase of electricity or steam from the Facility as then in existence ("Additional Asset Contracts"), and/or (iii) the assignment of a first lien security interest in the cash flow from the sale of such electricity and steam (the "Additional Cash Flow") (collectively, the "Additional Financing Security"); provided, that the Liens on the Additional Financing Security shall not in any manner, in the reasonable opinion of the Lender, impair the Liens on the Collateral (other than the Additional Financing security) arising under the Security Documents nor shall the holders of the obligations secured by the Additional Financing Security share or have any rights with respect to the Collateral (other than the Additional Financing security) or any portion thereof. Each of the Lender and the Borrower agrees to negotiate in good faith for the Lender to provide to the Borrower at competitive terms and rates the portion of such financing, if any, which shall be in the form of debt secured by such additional assets or the cash flow generated therefrom (an "Additional Loan"). Borrower shall be entitled to solicit offers from other parties, including without limitation, the Partners, to provide the Additional Loan, but agrees to negotiate in good faith to obtain the Additional Loan from the Lender for a period of 30 days after the Lender's receipt of written notice from Borrower to the Lender that the Borrower desires to obtain the Additional Loa...
