Material Project Document definition

Material Project Document means (i) any contract or agreement that is related to the ownership, operation, maintenance, management service, repair or use of the System entered into by the Company or any Subsidiary subsequent to the Third Amendment Date that involves full payments or obligations of the Company or any Subsidiary in excess of $5,000,000 in any calendar year, and (ii) System Leases, but shall exclude any documents subject to Section 10.12 herein.

Material Project Document means any of the Prime Construction Contract, the Golf Course Construction Contract, the Parking Structure Construction Contract, the Professional Design Services Agreements, the Construction Guaranty, the Water Supply Contract, the Affiliate Real Estate Agreements, and, without duplication, any Project Document with a total contract amount in excess of $5,000,000 and each Payment and Performance Bond issued to support any of the foregoing.

Material Project Document means each of the agreements listed on Schedule 5.12(b), any Additional Project Document that replaces any of the foregoing, the System Lease and the Contribution Agreement.

Examples of Material Project Document in a sentence

• To the best of the Borrower's knowledge, there is no event of default under any Material Project Document by any party to such Material Project Document.

• Each Material Project Document is in full force and effect, and constitutes the legal, valid and binding obligation of each party thereto as of the date hereof.

• Each Material Project Document listed in Schedule 5.12(b) to the 2009 SDTS Note Agreement is in full force and effect, and constitutes the legal, valid and binding obligation of each party thereto as of the date hereof.

• Any representation, warranty or certification confirmed or made in any Financing Agreement or any Material Project Document (including any Advance Request or other certificate submitted with respect to any Financing Agreement or Material Project Document) by any Loan Party or in any writing provided by any Loan Party in connection with the transactions contemplated by this Agreement shall be found to have been incorrect in any material respect when made or deemed to be made.

• No breach, default or event of default by (x) the related Managing Member under the related Tax Equity Opco LLC Agreement, (y) the Sponsor under the related Tax Equity Fund Guaranty (if any) or (z) the Sponsor or Servicer that is a party thereto under any other related Material Project Document, except in either case to the extent that such breach, default or event of default could not reasonably be expected to have a Material Adverse Effect.

More Definitions of Material Project Document

Material Project Document means each Project Document relating to the ownership, management, development, use, leasing, maintenance, repair or improvement of the Project Assets under which there is an obligation of an Obligor, in the aggregate, to pay, or under which any Obligor receives in compensation more than, $100,000 per annum, excluding any agreement which is terminable by an Obligor on not more than sixty (60) days’ prior written notice without any fee or penalty.

Material Project Document means each project document that is, in the Borrower’s good-faith business judgment, material and required to develop, procure, construct, commission and operate the Project, and shall in any event include the EAF Supply Agreement, all material construction contracts related to the construction of the Project and all material construction contracts related to the Electrification Completion.

Material Project Document means any Project Document for a Material Project.

Material Project Document means (i) each Project Document that is or will be necessary or advisable for the Borrower Parties to enter into in order to acquire, import, own, construct, install, operate, insure or maintain the Project or any material portion of the Project (other than services, materials or rights that can reasonably be expected to be readily available on commercially reasonable terms), (ii) each Project Document that is or will be necessary or advisable for the Borrower Parties to enter into in order for such Borrower Party to obtain, maintain in full force and effect or comply with any other Material Project Document, any Material Permit or any material applicable Law, (iii) each Project Document that is or will be necessary or advisable for the Borrower Parties to enter into in order to maintain their respective business generally or to maintain their respective existence, (iv) without limiting the foregoing (other than the parenthetical set forth in subclause (i) of this definition), each Project Document where (A) the aggregate cost or value of goods and services to be acquired by any Borrower Party pursuant thereto could reasonably be expected to exceed $2,000,000 or the equivalent in any other currency in any year, (B) the aggregate amount of termination fees or liquidated damages which could be incurred by any Borrower Party in respect of such Additional Project Document in any single year could reasonably be expected to exceed $2,000,000 or the equivalent in any other currency or (C) such Project Document provides for the sale of any goods, services, capacity, or other right, title or interest in any Property of any Borrower Party (other than Dispositions permitted in accordance with Section 7.20) and (v) without limiting the foregoing, any and all Material EPC Contracts and the Environmental Indemnity.

Material Project Document means the PPAs, the Geothermal Leases, the Interconnection Agreements, the O&M Agreements, the Recapture Indemnity Agreement, the Holy Cross Purchase and Sale Agreement, the Public Utility District Purchase and Sale Agreement and any other documents listed on Schedule 5.12(a) , and any agreement that replaces any of the foregoing.

Material Project Document means (i) each of the Related Documents, (ii) each Additional Project Document, if any, (iii) each of the Easement Consents, and (iii) each of the Project Contract Consents, and any replacement of any of the foregoing permitted hereunder.

Material Project Document means the Contracts listed on Schedule B to the Purchase and Sale Agreement and each other Contract to which MSC is or becomes a party or by which MSC’s assets are or are to be bound, which has a term of more than one year and has payments due to or from MSC thereunder in excess of US$10,000,000.00.