Accommodation of Facility Lender Sample Clauses

Accommodation of Facility Lender. Company shall provide such consents to collateral assignment, certifications, representations, estoppels, information or other documents, as may be reasonably requested by Seller in connection with the financing of the Facility consistent with the terms set forth in Exhibit K – Lender Consent Provisions (generally, a “Lender Consent”), provided, however, that in providing a Lender Consent, Company shall have no obligation to modify the terms of this PPA; provide any consent or enter into any agreement that has a Material Adverse Effect on any of Company’s rights, benefits, risks, or obligations under this PPA; transfer or release any property or property interests of Company; release or subordinate (or cause the release or subordination) of any lien on any property of Company for the benefit of Seller or the Facility Lender; or permit any lien to be placed on property of Company. Seller shall reimburse, or shall cause the Facility Lender to reimburse, Company for the direct expenses (including the fees and expenses of counsel) incurred by Company in the preparation, negotiation, execution and/or delivery of each Lender Consent and any documents requested by Seller or the Facility Lender pursuant to this Section 18.1.
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Accommodation of Facility Lender. To facilitate Xxxxxx’s obtaining of financing to construct and operate the Facility, Avista shall provide such consents to collateral assignment, certifications, representations, information, estoppels certificates, legal opinions or other documents as may be reasonably requested by Seller or the Facility Lender in connection with the financing of the Facility (generally, a “Lender Consent”). The Lender Consent shall be in a form reasonably acceptable to Avista and shall include Facility Lender’s rights to be provided advance notice of, and to be allowed within a reasonable and customary time period to exercise step-in rights or otherwise cure, any breach or default of this Agreement by Seller, and such other terms as the Facility Lender may reasonably request that do not materially adversely affect any of Avista’s rights, benefits, risks and/or obligations under this Agreement. Seller shall reimburse, or shall cause the Facility Lender to reimburse, Avista for the incremental direct expenses (including the reasonable attorney fees (not to exceed $25,000 per financing) and expenses) incurred by Avista in the preparation, negotiation, execution and/or delivery of any documents requested by Seller or the Facility Lender, and provided by Avista, pursuant to this Section 21.
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Accommodation of Facility Lender. Company shall make Commercially Reasonable Efforts to provide such consents to collateral assignment, certifications, representations, information or other documents, as may be reasonably requested by Seller in connection with the financing of the Facility consistent with the terms set forth in Exhibit I - Consent Provisions (generally, a "Lender Consent"), provided, however, that in providing a Lender Consent, Company shall have no obligation to alter or modify the terms of this PPA or provide any consent or enter into any agreement, that has a Material Adverse Effect on any of Company's rights, benefits, risks, or obligations under this PPA. Seller shall reimburse, or shall cause the Facility Lender to reimburse, Company for the direct expenses (including the fees and expenses of counsel) incurred by Company in the preparation, negotiation, execution and/or delivery of the Lender Consent and any documents requested by Seller or the Facility Lender, and provided by Company, pursuant to this Section. Seller shall provide Company with a Notice identifying the Facility Lender and providing appropriate contact information for the Facility Lender.
Sample 1
Accommodation of Facility Lender. Buyer shall make Commercially Reasonable Efforts to provide such consents to collateral assignment, certifications, representations, legal opinions, information or other documents, as may be reasonably requested by Seller in connection with the financing of the Facility consistent with the terms set forth in Exhibit H–Consent Provisions (generally, a “Lender Consent”), provided, however, that in providing a Lender Consent, Buyer shall have no obligation to alter or modify the terms of this PPA or provide any consent or enter into any agreement, that has an materially and adversely affects any of Buyer’s rights, benefits, risks, or obligations under this PPA. Seller shall reimburse, or shall cause the Facility Lender to reimburse, Xxxxx for the direct and documented third party expenses (including the fees and expenses of outside counsel) incurred by Xxxxx in the preparation, negotiation, execution and/or delivery of the Lender Consent and any documents requested by Seller or the Facility Lender, and provided by Xxxxx, pursuant to this Article. Seller shall provide Buyer with a Notice identifying the Facility Lender and providing appropriate contact information for the Facility Lender.
Sample 1
Accommodation of Facility Lender. Without limiting Section 20.1(c), Company shall make Commercially Reasonable Efforts to provide the consents to collateral assignment, certifications, representations, information, estoppels, legal opinions or other documents, as may be reasonably requested by Seller in connection with the financing (including tax equity financing) of the Facility, consistent with the terms set forth in Exhibit I – Lender Consent Provisions for collateral assignments to Facility Lenders (generally, a “Lender Consent”): provided, however, that in providing a Lender Consent, Company shall have no obligation to exceed the provisions set forth in Exhibit I for collateral assignments to Facility Lenders or to alter or modify the terms of this PPA. Seller shall reimburse, or shall cause the Facility Lender, if any, to reimburse, Company for the direct expenses (including the reasonable fees and expenses of counsel) incurred by Company in the preparation, negotiation, execution and/or delivery of any Lender Consent and any documents requested by Seller or any Facility Lender, and provided by Company, pursuant to this Section 19.1. 38
Sample 1
Accommodation of Facility Lender. To facilitate Seller's obtaining of financing to construct and operate the Facility, Borough shall make commercially reasonable efforts to provide such consents to collateral assignment, certifications, representations, information or other documents as may be commercially reasonably requested by Seller or the Facility Lender in connection with the financing of the Facility (generally, a "Lender Consent"). The Lender Consent shall include such customary terms as the Facility Lender may reasonably request that do not adversely affect any of Borough's rights, benefits, risks and/or obligations under this PPA. Seller shall reimburse Borough’s costs in complying with this section 17.2.
Sample 1
Accommodation of Facility Lender. (A) Company shall provide such consents to collateral assignment, certifications, representations, estoppels, information or other documents, as may be reasonably requested by Seller in connection with the financing of the Facility consistent with the terms set forth in Exhibit K – Lender Consent Provisions (generally, a “Lender Consent”), provided, however, that in providing a Lender Consent, Company shall have no obligation to
Sample 1
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Related to Accommodation of Facility Lender

  • Non-Reliance on Administrative Agent and Other Lenders Each Lender and the L/C Issuer acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender or any of their Related Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender and the L/C Issuer also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Lender or any of their Related Parties and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or any related agreement or any document furnished hereunder or thereunder.

  • Lenders KeyBank, the other lending institutions which are party hereto and any other Person which becomes an assignee of any rights of a Lender pursuant to §18 (but not including any participant as described in §18). The Issuing Lender shall be a Lender, as applicable. The Swing Loan Lender shall be a Lender.

  • Line of Credit Subject to the terms and conditions of this Agreement, Bank hereby agrees to make advances to Borrower from time to time up to and including April 2, 2015, not to exceed at any time the aggregate principal amount of One Million Five Hundred Thousand Dollars ($1,500,000.00) (“Line of Credit”), the proceeds of which shall be used to finance Borrower’s working capital requirements. Borrower’s obligation to repay advances under the Line of Credit shall be evidenced by a promissory note dated as of May 1, 2012 (“Line of Credit Note”), all terms of which are incorporated herein by this reference.

  • Facility Use The Employer shall allow individuals the use of gender- segregated facilities, such as restrooms, locker rooms, and dressing rooms that are consistent with that individual's gender expression or gender identity. In such facilities where undressing in the presence of others occurs, the Employer shall allow access to and use of a facility consistent with that individual's gender expression or gender identity.

  • Term Loan The Borrower may, upon notice from the Borrower to the Administrative Agent, at any time or from time to time voluntarily prepay the Term Loan in whole or in part together with the applicable Prepayment Premium; provided that (A) such notice must be received by the Administrative Agent not later than 11:00 a.m. (1) three Business Days prior to any date of prepayment of LIBOR Rate Loans and (2) on the date of prepayment of Base Rate Loans; (B) any such prepayment of LIBOR Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding); (C) any prepayment of Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the entire principal amount thereof then outstanding); and (D) any prepayment of the Term Loan shall be applied in the inverse order of maturity with respect to the remaining amortization payments. Each such notice shall specify the date and amount of such prepayment and the Type(s) of Loans to be prepaid. The Administrative Agent will promptly notify each Lender of its receipt of each such notice, and of the amount of such Lender’s Applicable Percentage of such prepayment. If such notice is given by the Borrower, the Borrower shall make such prepayment and the payment amount specified in such notice shall be due and payable on the date specified therein. Any prepayment of a LIBOR Rate Loan shall be accompanied by all accrued interest on the amount prepaid, together with any additional amounts required pursuant to Section 3.05. On the date of any voluntary prepayment of any Term Loan pursuant to this Section 2.05(a)(ii), the Borrower shall pay to the Administrative Agent, for the benefit of the Lenders, whether before or after an Event of Default, the applicable Prepayment Premium. Subject to Section 2.15, each such prepayment shall be applied to the Loans of the Lenders in accordance with their respective Applicable Percentages.

  • Replacement of Lenders If any Lender requests compensation under Section 3.04, or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 3.01, the Borrower may replace such Lender in accordance with Section 10.13.

  • Mitigation Obligations Replacement of Lenders (a) If any Lender requests compensation under Section 2.15, or if the Borrower is required to pay any additional amount to any Lender or any Governmental Authority for the account of any Lender pursuant to Section 2.17, then such Lender shall use reasonable efforts to designate a different lending office for funding or booking its Loans hereunder or to assign its rights and obligations hereunder to another of its offices, branches or affiliates, if, in the judgment of such Lender, such designation or assignment (i) would eliminate or reduce amounts payable pursuant to Section 2.15 or 2.17, as the case may be, in the future and (ii) would not subject such Lender to any unreimbursed cost or expense and would not otherwise be disadvantageous to such Lender. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Lender in connection with any such designation or assignment.

  • EXTENSION OF USE COMMITMENT The Contractor agrees to honor all orders from State Agencies, political subdivisions and others authorized by law (see Section 25 Extension of Use) which are in compliance with the pricing, terms, and conditions set forth in the Contract. Any unilateral limitations/restrictions imposed by the Contractor on eligible Authorized Users will be grounds for cancellation of the Contract.

  • Protection of Lender’s Interest If: (i) Borrower fails to perform the covenants and agreements contained in this Security Instrument; (ii) there is a legal proceeding or government order that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien that has priority or may attain priority over this Security Instrument, or to enforce laws or regulations); or (iii) Lender reasonably believes that Xxxxxxxx has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Xxxxxx’s interest in the Property and/or rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender’s actions may include, but are not limited to: (I) paying any sums secured by a lien that has priority or may attain priority over this Security Instrument; (II) appearing in court; and (III) paying: (A) reasonable attorneys’ fees and costs; (B) property inspection and valuation fees; and (C) other fees incurred for the purpose of protecting Lender’s interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, exterior and interior inspections of the Property, entering the Property to make repairs, changing locks, replacing or boarding up doors and windows, draining water from pipes, eliminating building or other code violations or dangerous conditions, and having utilities turned on or off. Although Lender may take action under this Section 9, Lender is not required to do so and is not under any duty or obligation to do so. Lender will not be liable for not taking any or all actions authorized under this Section 9.

  • Lender The term “Lender” shall mean the holder of any promissory note or other evidence of indebtedness secured by the Property or any portion thereof.

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