Accelerated Equity Contributions Sample Clauses
Accelerated Equity Contributions. (a) Promptly upon delivery by the Loan Servicer to the Equity Contributors at any time prior to the Operational Completion Date of a notice in the form of Exhibit A hereto demanding an Accelerated Equity Contribution pursuant to Section 8.2(f) of the Common Agreement, without further notice of default, presentment or demand for payment, protest or notice of non-payment or dishonor, or other notices or demands of any kind, all such notices and demands being waived, and without limiting the Sponsor’s obligations under Section 2.2.1, but subject to each Equity Contributor’s maximum Individual Base Equity Commitment Balance (as the same may have been reduced on account of prior Base Equity Contributions), each Equity Contributor shall, on the date specified therefor, deposit into the Equity Funding Account an amount of cash equal to the excess, if any, of (x) its Base Equity Percentage of such Aggregate Base Equity Amount over (y) the amount of Base Equity Contributions made by such Equity Contributor prior to the date of the Accelerated Equity Contribution.
(b) The right of the Loan Servicer to demand an Accelerated Equity Contribution (including from BrightSource Ivanpah pursuant to Section 7.3.3) shall not limit any other right or remedy of DOE, the Loan Servicer or any other Credit Party under any Loan Document or the Governmental Rules, nor shall any Credit Party be obligated to pursue any right or remedy or proceed against, or elect or exhaust any remedies with respect to, any other Person or any Collateral Security. Each Equity Contributor hereby irrevocably waives any defense of a guarantor or surety to which such Equity Contributor might be entitled under any Governmental Rules with respect to any Accelerated Equity Contribution.
Accelerated Equity Contributions. Promptly upon delivery by the Loan Servicer to BrightSource Ivanpah at any time prior to the Supplemental Base Equity Commitment Security Release Date of a notice in the form of Exhibit A hereto demanding an Accelerated Equity Contribution pursuant to Section 8.2(f) of the Common Agreement, without further notice of default, presentment or demand for payment, protest or notice of non-payment or dishonor, or other notices or demands of any kind, all such notices and demands being waived, and without limiting the Sponsor’s obligations under Section 2.2.1, the Loan Servicer may immediately demand payment of the full amount of the Supplemental Base Equity Commitment Balance to the Collateral Agent, and may instruct the Collateral Agent to take any one or more of the actions specified in Section 7.3.1, in any specified order, and without regard to any time periods with respect to demands, in order to collect the full amount of the Supplemental Base Equity Commitment Balance, and the Loan Servicer shall instruct the Collateral Agent as to the Project Account into which any proceeds thereof shall be paid.
Accelerated Equity Contributions. Promptly upon delivery by the Loan Servicer to the Equity Contributor at any time prior to the Project Completion Date of a notice in the form of Exhibit A hereto demanding an Accelerated Equity Contribution pursuant to Section 8.2(a)(vi) of the Common Agreement, the Equity Contributor shall on the date specified therefor in such notice provide or cause to be provided to the Collateral Agent funds for deposit from the Equity Funding Account into the Disbursement Account without further notice of default, presentment or demand for payment, protest or notice of non-payment or dishonor, or other notices or demands of any kind, all such notices and demands being waived. The right of the Loan Servicer to demand an Accelerated Equity Contribution shall not limit any other right or remedy of DOE, the Loan Servicer or any other Credit Party under any Loan Document or the Governmental Rules, nor shall any Credit Party be obligated to pursue any right or remedy or proceed against, or elect or exhaust any remedies with respect to, any other Person or any Collateral Security. The Equity Contributor hereby irrevocably waives any defense of a guarantor or surety to which the Equity Contributor might be entitled under any Governmental Rules with respect to any Accelerated Equity Contribution.
Accelerated Equity Contributions. At any time prior to the Termination Date, if (a) a Trigger Event has occurred and is continuing or (b) requested by the Required Secured Parties after the occurrence and during the continuance of an Event of Default (which request shall be made by the Required Secured Parties only if the Secured Parties comprising the Required Secured Parties shall have reasonably NY\1952186.17 determined that such Event of Default could reasonably be expected to result in a Material Adverse Effect (as defined in the Depositary Agreement)), in either case, as indicated in a written notice of the Collateral Agent delivered to the Contributor, the Contributor shall make or cause to be made Equity Contributions, within five Business Days following receipt of such notice, to the Construction Account in an amount equal to the then Unfunded Commitment. If the Contributor fails to make or cause to be made the Equity Contributions as and when required to be made pursuant to the immediately preceding sentence, the Collateral Agent may, if applicable, draw upon the Equity Letter of Credit or direct the transfer of amounts from any Cash Collateral Account, in either case, in an amount equal to the lesser of (i) the amount of the Equity Contribution required to be made pursuant to this Section 2.3 and (ii) the stated amount of the Equity Letter of Credit or the amount then on deposit in such Cash Collateral Account, as applicable.
Accelerated Equity Contributions. (i) Without prejudice to clause (ii) below, upon the occurrence and continuation of (x) any Event of Default under Sections 8.01(a) (Failure to Make Payments), (d) (Cross-Default) (solely in connection with Material Debt of the Sponsor), (f) (Judgements) (solely in connection with judgements or orders against the Sponsor), (g) (Invalidity of the Loan Documents) and (k) (Abandonment) of the Credit Agreement that has not been waived in writing by the Required Lenders in accordance with the terms of the Credit Agreement or cured within ten (10) days or (y) any other Event of Default under Section 8.01 (Events of Default) of the Credit Agreement with respect to the Sponsor which has not been waived in writing by the Required Lenders in accordance with the terms of the Credit Agreement or cured within sixty (60) days and, in each case of clauses (x) to (y), all outstanding Loans have been declared immediately due and payable, the Required Lenders may instruct the Collateral Agent to, and, if so instructed, the Collateral Agent shall, request from the Sponsor an accelerated equity contribution in an amount equal to the lesser of (A) Remaining Equity Commitment and (B) the aggregate amount of the Obligations as of such date (the “Accelerated Equity Contribution”) by its delivery to the Sponsor (with a copy to the Borrower) of an Equity Contribution Request setting forth requested Accelerated Equity Contribution, and the Sponsor shall make the Accelerated Equity Contribution to the Borrower in accordance with Section 2.01(d) (Equity Contribution Mechanics) below.
(ii) Upon the occurrence and continuation of any Event of Default under Section 8.01(e) (Insolvency) of the Credit Agreement with respect to the Sponsor, the Sponsor shall make its Accelerated Equity Contribution to the Borrower without any presentment, demand, protest or other notice of any kind, each of which is hereby expressly waived by the Sponsor, and otherwise in accordance with paragraph (d) (Equity Contribution Mechanics) below.
