Application to the Financial Model. Where, pursuant to this Agreement, either Party is entitled to payment of any sum the assessment of which properly requires reference to the Financial Model (with the exception of payment of the Authority’s share of any Refinancing Gain to which Article 17 (Refinancing) shall apply), the adjustment or credits to the payments between the Parties hereunder shall be that required to ensure that, by reference to the Financial Model adjusted under this Article 16 (Financial Model Adjustments), Developer and Borrower, taken as a whole, are left in a no better and no worse position than under the version of the Financial Model applicable immediately prior to the relevant adjustment, and shall be ascertained by determining the adjustment or credits to the payments between the Parties hereunder required to maintain Developer and Borrower, taken as a whole, in the financial position they would have been in under the version of the Financial Model applicable immediately prior to the relevant adjustment.
Appears in 4 contracts
Samples: Project Agreement, Project Agreement, Project Agreement
