ECP. The Contractor may provide an unsolicited proposal to the Government requesting a change based on technical or physical conditions/restrictions at the site discovered during contract performance. The Contractor shall address changed or proposed changes to conditions. The Government shall evaluate the ECP’s technical and price proposal. This action may result in a contract modification.
ECP. Each Credit Party that is a Qualified ECP Party at the time that the Agreement becomes effective with respect to any Hedging Obligation, hereby jointly and severally, absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Credit Party that is not then an "eligible contract participant" under the Commodity Exchange Act (a "Specified Party") to honor all of its obligations under the Agreement in respect of Hedging Obligations (but, in each case, only up to the maximum amount of such liability that can be hereby incurred without rendering such Qualified ECP Party's obligations and undertakings under this Section 5.16 voidable under applicable law relating to fraudulent conveyance or fraudulent transfer, and not for any greater amount). The obligations and undertakings of each Qualified ECP Party under this Section 5.16 shall remain in full force and effect until the Loans have been repaid in full. Each Qualified ECP Party intends this Section 5.16 to constitute, and this Section shall be deemed to constitute, a guarantee of the obligations of, and a "keepwell, support, or other agreement" for the benefit of, each Specified Party for all purposes of the Commodity Exchange Act.
ECP. On the date hereof, ECP has received a letter of resignation from each member of the board of managers of ECP, voluntarily and irrevocably resigning effective upon closing of the transactions contemplated by the SPA, from any and all positions that such member of the board of managers of ECP holds as director, manager, committee member or representative, or officer (except, in each case, with respect to any committee member, representative, or officer positions held by Xxxxxxx Xxxxxxxxx), as applicable, of ECP or any of its Subsidiaries.
ECP. So long as ECP and its Affiliates are the beneficial owners of a majority of the NESCO Shares, at the written request of ECP, the NESCO Holder shall assign to ECP (or to an Affiliate of ECP designated in writing by it), without any further consent required from any other Party, all of its rights hereunder and, following such assignment, ECP (or an Affiliate designated in writing by it) shall be deemed to be the “NESCO Holders” for all purposes hereunder; provided, that ECP (or its Affiliate designated in writing) assumes in writing responsibility for its portion of the obligations of the NESCO Holders and that, if ECP designates an Affiliate in writing, then such Affiliate shall continue to be an Affiliate of ECP at all times.
ECP. The Borrower and each Guarantor (subject to the provisions of Section 26 of the Guaranty) will each be a Qualified ECP Party prior to entering into any Hedging Obligation. Notwithstanding the foregoing, no Subsidiary Guarantor shall be deemed a Guarantor of any Hedging Obligation to the extent the providing of such guaranty would violate applicable eligible contract participant rules or any other applicable law or regulation, provided the foregoing shall not affect any other obligations of such Subsidiary Guarantor as a guarantor hereunder, including, without limitation, the obligations under Section 26 of the Guaranty.
ECP. The Borrower and Guarantor (subject to the provisions of Section 26 of the Guaranty) is a Qualified ECP Party. ARTICLE VI
ECP. Platform voor de InformatieSamenleving (Platform for the Information Society) having its office at Xxxxxxx 000, 0000 XX Xxxxxxxxxxxx, Xxx Xxxxxxxxxxx, hereinafter referred to as “ECP”;
ECP. An Environmental Condition of Property (ECP) shall be attached to and made a part of this Lease as Attachment E either at the time this Lease is executed, or within a reasonable time after the term begins, depending on the time needed by Government to complete the report, and in the latter event, the report will speak from the date the term of this Lease begins. The ECP sets forth the existing environmental conditions of the Leased Premises as represented by a survey conducted by Government and sets forth the basis for the Government’s determination that the Leased Premises are suitable for leasing. Lessee understands that whenever this Lease ends, Government may conduct an inspection of the Leased Premises to determine if any material deviation from the initial environmental condition has occurred, and if a material deviation has occurred, Lessee will remain liable, to the extent permitted by law, for resulting loss or damage, notwithstanding the ending of this Lease. Lessee and each sub-Lessee are made aware of the notifications contained in the ECP and shall comply with all restrictions in it as well as the following:
ECP. These aircraft must cross the ZHU/ZJX boundary at or below FL250.
