Amendments to Common Terms Agreement. The Borrower, the Guarantors and the Intercreditor Agent each agree that the Common Terms Agreement is amended by:
(a) replacing the words “hedging bank” with the word “counterparty” in the definition of “Hedging Bank” in Section 1.3 (Definitions) of Schedule A (Common Definitions and Rules of Interpretation) to the Common Terms Agreement.
(b) deleting the word “or” after “Gas Hedge Provider” and replacing it with “,” and adding the words “or any other party that is a counterparty to a Hedging Instrument” directly after “Power Hedge Provider” in the definition of “Permitted Hedging Instrument” in Section 1.3 (Definitions) of Schedule A (Common Definitions and Rules of Interpretation) to the Common Terms Agreement.
Amendments to Common Terms Agreement. The Borrower, the Guarantors and the Intercreditor Agent each agree that the Common Terms Agreement is hereby amended by:
(a) amending the following definition in Schedule A (Common Definitions and Rules of Interpretation – Interpretation) by inserting the double-underlined text (example: double-underlined text) and deleting the stricken text (example: stricken text) as set forth below:
Amendments to Common Terms Agreement. The Borrower, the Secured Debt Holder Group Representatives for the Commercial Banks Facility, the KEXIM Direct Facility, the KEXIM Covered Facility, the KSURE Covered Facility and the Working Capital Debt, the Common Security Trustee, the Intercreditor Agent, and each Lender agrees that:
1.1 Section 7.12(a) (Negative Covenants; Accounts) of the Common Terms Agreement shall be amended and restated as follows:
(a) Other than Permitted Investments held in accordance with the Accounts Agreement for which the Borrower is a beneficiary, the Borrower shall not open or maintain, or permit or instruct any other Person to open or maintain on its behalf, or use or be the beneficiary of any account other than (i) the Accounts, (ii) the Excluded Unsecured Accounts and (iii) an account holding Escrowed Amounts (as defined in each EPC Contract).”
1.2 Schedule 1 to the Common Terms Agreement is hereby amended by adding the following definitions thereto in proper alphabetical sequence:
Amendments to Common Terms Agreement. The Borrower, the Guarantors and the Intercreditor Agent each agree that the Common Terms Agreement is hereby amended by:
(a) amending Section 12.3(c) (Project Construction; Maintenance of Properties) by inserting the double-underlined text (example: double-underlined text) and deleting the stricken text (example: stricken text) as set forth below: Unless the applicable Defect Correction Period (and any extension thereof) with respect to each the applicable Subproject has expired and the EPC Contractor has completed and paid any warranty claims submitted by the Loan Parties with respect to such Subproject, the Borrower shall draw on the EPC Letter of Credit at the time of any reduction thereof other than pursuant to Section 9.2B (Irrevocable Standby Letter of Credit) of each the Applicable EPC Contract in the amount of such reduction; provided that: (i) on or after November 16, 2020, the EPC Letter of Credit may be reduced to two percent (2%) of the Contract Price for the EPC Contract (T1/T2) without a corresponding draw on such EPC Letter of Credit; and (ii) upon the date that is 18 months following the date of Substantial Completion of Subproject 2 (as defined in the EPC Contract (T1/T2), the EPC Letter of Credit may be reduced to an amount agreed between Borrower and the EPC Contractor (and certified by the Borrower to the Intercreditor Agent) to be reasonably necessary to complete any corrective work to remedy defects identified during the Defect Correction Period with respect to Subproject 1 and Subproject 2 without a corresponding draw on such EPC Letter of Credit.
(b) adding a new Section 12.30 (Electricity Purchase Agreements) as follows:
Amendments to Common Terms Agreement. The Borrower, the Guarantors and the Intercreditor Agent each agree that a new Section 23.24 is hereby added to the Common Terms Agreement as follows:
Amendments to Common Terms Agreement. The Borrower, the Guarantors and the Intercreditor Agent each agree that clause (2) of Section 2.1 (Operational Property Damage Insurance) of Schedule L (Schedule of Minimum Insurance) to the Common Terms Agreement is amended by replacing the words “$10 million” with “$50 million”.
Amendments to Common Terms Agreement. The Borrower, the Guarantors and the Intercreditor Agent each agree that the definition of “Acceptable Debt Service Reserve LC” in Section 1.3 (Definitions) of Schedule A (Common Definitions and Rules of Interpretation) to the Common Terms Agreement is amended by (i) adding the word “and” to the end of clause (a); (ii) replacing the “; and” at the end of clause (b) with a “.”; and (iii) deleting clause (c) in its entirety.
Amendments to Common Terms Agreement. The Borrower, the Guarantors and the Intercreditor Agent each agree that the Common Terms Agreement is hereby amended by:
(a) deleting the reference to “[Reserved]” in Section 2.7 ([Reserved]) of the Common Terms Agreement and replacing it in its entirety with the following clause:
Amendments to Common Terms Agreement. 2.1 The Parties hereto agree that with effect from the Effective Date the Common Terms Agreement shall be read and construed for all purposes as if it incorporated the amendments set out in Schedule 1 hereto and shall be deemed to take effect in the form set out in Schedule 1, which for the purposes of this Amendment Agreement shall be known as the “Amended and Restated Common Terms Agreement”.
2.2 The Global Agent hereby confirms that it has been instructed by all the Lenders to sign this Amendment Agreement and to thereby amend the terms of the Amended and Restated Common Terms Agreement and ancillary Finance Documents and such amendments are binding on all the Finance Parties as such term is defined in the Amended and Restated Common Terms Agreement.
2.3 This Amendment Agreement will constitute a Finance Document for the purposes of the Amended and Restated Common Terms Agreement.
2.4 Except as otherwise provided in the Amendment Documents, the Finance Documents remain in full force and effect.
Amendments to Common Terms Agreement. Effective as of the Amendment Effective Date (as defined below) the Existing Common Terms Agreement is hereby amended to delete the stricken text (indicated in the same manner as the following example: stricken text) and to add the double-underlined text (indicated in the same manner as the following example: double-underlined text) as set forth on Exhibit A attached hereto; and
