Major Project Contracts Sample Clauses

Major Project Contracts. (i) The Administrative Agent shall have received fully executed copies of each of the Major Project Contracts in effect as of the Execution Date, each of which shall be (A) reasonably satisfactory to the Arrangers and (B) in full force and effect and all conditions precedent thereunder shall have been satisfied (except with respect to the CPUC Approvals for the applicable Utility RA Contracts). All performance support (if any) required to be delivered as of the Execution Date under any Major Project Contract in effect as of the Execution Date shall be in full force and effect.
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Major Project Contracts. Copies of all Major Project Contracts, in each case as currently in effect on the Closing Date, have been delivered to the Administrative Agent by the Borrower. Except as has been previously disclosed in writing to the Administrative Agent, as of the Closing Date, none of the Major Project Contracts have been amended, modified or terminated. As of the Closing Date, each of the Major Project Contracts in effect as of the Closing Date is in full force and effect (except with respect to the CPUC Approvals for the applicable Utility RA Contracts) and, to the Loan Parties’ knowledge, no defaults have occurred and are continuing thereunder that would reasonably be expected to have a Material Adverse Effect.
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Major Project Contracts. Copies of all Major Project Contracts, in each case as currently in effect on the Closing Date, have been delivered to the Administrative Agent by the Borrower. Except as has been previously disclosed in writing to the Administrative Agent, as of the Closing Date, none of the Major Project Contracts have been amended, modified or terminated. As of the Closing Date, each of the Major Project Contracts in effect as of the Closing Date is in full force and effect and, to the Loan Parties’ knowledge, no defaults have occurred and are continuing thereunder that would reasonably be expected to have a Material Adverse Effect.
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Major Project Contracts. The Administrative Agent shall have received fully executed and certified copies of each Major Project Contract in effect on the Closing Date, each of which shall be in full force and effect and enforceable against each party thereto as of the Closing Date.
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Major Project Contracts. (i) Any provision of any Major Project Contract ceases to be valid and binding or in full force and effect, or the validity or enforceability of any Major Project Contract is contested by any Major Project Participant, or any Major Project Participant shall deny that it has further liability or obligation under any Major Project Contract, and in each such case, such cessation, contest or denial could reasonably be expected to have a Material Adverse Effect and (ii) the Borrower shall have failed to replace such Major Project Contract within 90 days with a replacement agreement that (A) provides substantially the same goods or services as were provided under the relevant Major Project Contract, excluding any goods or services that are no longer required for the Project, (B) is on terms fair and reasonable to the Borrower, and (C) is in form and substance reasonably satisfactory to the Administrative Agent and (x) after giving effect to such replacement agreement, no Material Adverse Effect could reasonably be expected to occur as a result of the cessation of the relevant Major Project Contract and (y) a Responsible Officer of the Borrower has certified that the conditions in the preceding clauses (A) and (B) have been met.
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Major Project Contracts. 1. Engineering, Procurement and Construction Agreement, dated as of December 28, 2012, by and between SS1 Company and SunPower Corporation, Systems (the “SS1 EPC Contract”).
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Major Project Contracts. A list of all of the Major Project Contracts;
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Major Project Contracts. As of the Closing Date, (a) copies of all Major Project Contracts as currently in effect have been delivered to Lender by Borrower, (b) each Major Project Contract entered into as of the date hereof is in full force and effect and, to Borrower’s Knowledge, no material defaults have occurred and are continuing thereunder, and (c) except as has been previously disclosed in writing to Lender, none of the Major Project Contracts entered into as of the date hereof has been amended, modified or terminated. Schedule 3.8 sets forth each Major Project Contract entered into or expected to be entered into before or after the Closing Date.
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Major Project Contracts. Lender shall have received fully executed copies of each Major Project Contract entered into as of the Closing Date, in each case, in form and substance reasonably satisfactory to Lender, which Major Project Contracts shall be in full force and effect and enforceable against each party thereto as of the Closing Date.
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Related to Major Project Contracts

  • Project Contracts (i) all existing Project Contracts are or will be in full force and effect at the time of the first drawdown under this Agreement (except for the EPC Contract, which will be in full force and effect once the down payment under the EPC Contract has been made), (ii) no other material Project Contracts have been concluded, which have not been disclosed to the Agent, (iii) the Borrower has no notice of any material breaches by any contracting party under the Project Contracts, and (iv) with regard to Project Contracts, which will not be available before the day on which this representation and warranty is made or repeated, the Borrower assumes that these are produced as soon as and to the extent that they may become necessary for the Project;

  • New Contracts During the pendency of this Agreement, Seller will not enter into any contract, or modify, amend, renew or extend any existing contract, that will be an obligation affecting the Property or any part thereof subsequent to the Closing without Purchaser’s prior written consent in each instance (which Purchaser agrees not to withhold or delay unreasonably), except contracts entered into in the ordinary course of business that are terminable without cause (and without penalty or premium) on 30 days (or less) notice.

  • Project Documents The words "Project Documents" mean the Plans and Specifications, all studies, data and drawings relating to the Project, whether prepared by or for Borrower, the Construction Contract, the Architect's Contract, and all other contracts and agreements relating to the Project or the construction of the Improvements.

  • Construction Contracts Lessee has entered into contracts with the Contractors or separate contracts with materialmen and laborers providing for the construction of the Improvements. Lessee will cause the Contractors to promptly furnish Lessor with the complete list of all Sub-contractors or entities as and when under contract, which Contractors propose to engage to furnish labor and/or materials in constructing the Improvements (such list containing the names, addresses, and amounts of such sub-contracts as written in excess individually of $5,000, and prior to disbursement of funds to or for the benefit of such Subcontractors, affidavits of authorized signatory and other documents commercially reasonably required by Title to insure that the Leased Premises remain lien free) and will from time to time furnish Lessor or Title with true copies of all Contracts entered into by Lessee and with the terms of all verbal agreements therefor, if any, and as to subcontractors, letters signed by sub-contractors whose contracts are in excess of $5,000 setting forth the present amount of their contract and the amounts remaining to be paid under that contract, if the same information is not stated on a lien waiver reflecting the most currently requested payment to such subcontractor.

  • Service Contracts (a) The Trustees may, at any time and from time to time, contract for exclusive or nonexclusive advisory, management and/or administrative services for the Trust or for any Series with any Person; and any such contract may contain such other terms as the Trustees may determine, including without limitation, authority for the Investment Adviser to determine from time to time without prior consultation with the Trustees what investments shall be purchased, held, sold or exchanged and what portion, if any, of the assets of the Trust shall be held uninvested and to make changes in the Trust's investments, and such other responsibilities as may specifically be delegated to such Person.

  • Assigned Contracts The Grantor shall fully perform all of its obligations under each of the Assigned Contracts, and shall enforce all of its rights and remedies thereunder, in each case, as it deems appropriate in its business judgment. Without limiting the generality of the foregoing, the Grantor shall take all action necessary or appropriate to permit, and shall not take any action which would have any materially adverse effect upon, the full enforcement of all indemnification rights under its Assigned Contracts. The Grantor shall notify the Lender in writing, promptly after the Grantor becomes aware thereof, of any event or fact which could give rise to a material claim by it for indemnification under any of its material Assigned Contracts, and shall diligently pursue such right and report to the Lender on all further developments with respect thereto. The Grantor shall deposit into a Deposit Account at the Lender or subject to a Deposit Account Control Agreement for application to the Secured Obligations, in accordance with Section 2.16 of the Credit Agreement, all amounts received by the Grantor as indemnification or otherwise pursuant to its Assigned Contracts. If the Grantor shall fail after the Lender’s demand to pursue diligently any right under its material Assigned Contracts, or if a Default then exists, the Lender may directly enforce such right in its own or the Grantor’s name and may enter into such settlements or other agreements with respect thereto as the Lender shall determine. In any suit, proceeding or action brought by the Lender under any material Assigned Contract for any sum owing thereunder or to enforce any provision thereof, the Grantor shall indemnify and hold the Lender and Lender harmless from and against all expense, loss or damage suffered by reason of any defense, setoff, counterclaims, recoupment, or reduction of liability whatsoever of the obligor thereunder arising out of a breach by the Grantor of any obligation thereunder or arising out of any other agreement, indebtedness or liability at any time owing from the Grantor to or in favor of such obligor or its successors. All such obligations of the Grantor shall be and remain enforceable only against the Grantor and shall not be enforceable against the Lender. Notwithstanding any provision hereof to the contrary, the Grantor shall at all times remain liable to observe and perform all of its duties and obligations under its Assigned Contracts, and the Lender’s exercise of any of its rights with respect to the Collateral shall not release the Grantor from any of such duties and obligations. The Lender shall not be obligated to perform or fulfill any of the Grantor’s duties or obligations under its Assigned Contracts or to make any payment thereunder, or to make any inquiry as to the nature or sufficiency of any payment or property received by it thereunder or the sufficiency of performance by any party thereunder, or to present or file any claim, or to take any action to collect or enforce any performance, any payment of any amounts, or any delivery of any property.

  • Gas Contracts No Credit Party, as of the date hereof or as disclosed to the Administrative Agent in writing, (a) is obligated in any material respect by virtue of any prepayment made under any contract containing a “take-or-pay” or “prepayment” provision or under any similar agreement to deliver Hydrocarbons produced from or allocated to any of the Borrower’s and its Subsidiaries’ Oil and Gas Properties at some future date without receiving full payment therefor at the time of delivery or (b) except as has been disclosed to the Administrative Agent, has produced gas, in any material amount, subject to balancing rights of third parties or subject to balancing duties under Legal Requirements.

  • Assumed Contracts If Buyer delivers a written notice of objection to any Assumed Contract prior to the expiration of the Due Diligence Period, then, to the extent a termination right in favor of the applicable Seller is provided for in such Assumed Contract, or if such Assumed Contract does not prohibit termination, the applicable Seller shall instruct its Property Manager to promptly following the expiration of the Due Diligence Period provide a notice of termination to the vendor thereunder with respect to each such Assumed Contract to which Buyer has timely objected (collectively, the “Objectionable Contracts”); provided, however, that (i) Buyer may not object to any of the Cable Contracts or any other Assumed Contract marked “must assume” on Schedules 3.1(l)-1 through 3.1(l)-5 and shall assume the same at Closing pursuant to the applicable Assignment of Contracts; (ii) Seller shall have no obligation to terminate any Contract, which by its terms is not terminable or which cannot be terminated without payment of an express termination fee or penalty unless Buyer agrees in writing to pay such termination fee or penalty; (iii) if the termination of any Objectionable Contract cannot be made effective upon the Closing Date (Seller not being obligated to pay any money to accomplish such termination), then such Objectionable Contract shall be assumed by Buyer at Closing pursuant to the applicable Assignment of Contracts (together with all Assumed Contracts with respect to the applicable Asset that do not constitute Objectionable Contracts) for the remaining period of such Assumed Contract until its effective date of termination, and (iv) Buyer shall be responsible for any termination fees payable with respect to the termination of any Objectionable Contracts. Notwithstanding the foregoing, Buyer shall not be required or entitled to assume any Assumed Contract that, by its terms, may not be assigned to and assumed by Buyer without the consent of a third party, unless such third party’s written consent is actually obtained at or before the Closing. All Contracts that Buyer is required to assume hereunder are collectively referred to herein as the “Assumed Contracts”.

  • Operating Contracts Subject to the rights of the Timeshare Owners’ Association as set forth in the Timeshare Documents, no Operating Contract shall be modified, extended, terminated or entered into, without the prior written approval of Agent, if any such modification, extension, termination or new agreement could have a material adverse impact on the operation of the Resorts or the Collateral.

  • Seller Contracts All contracts and agreements, other than ---------------- Governmental Permits and those relating to Real Property, pertaining to the ownership, operation and maintenance of the Assets or the Business or used or held for use in the Business, as described on SCHEDULE 5.6 or, in the case of contracts and agreements relating to Real Property, on SCHEDULE 5.7.

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