Ash Disposal Agreement Sample Clauses

Ash Disposal Agreement. Borrower shall promptly provide to the Independent Engineer all materials received by Borrower or subject to its review and comment under any of Sections 3(b), 4(b), 4(c), 4(e), 4(f) and 4(h) of the Ash Disposal Agreement, and shall consult with the Independent Engineer in the course of exercising its rights to review, comment, approve or request additions or changes under such Section. Borrower shall not, without the prior written consent of Agent, Institutional Agent and the Independent Engineer, elect to perform the design and construction of an ash monofill or award separate contracts in connection therewith pursuant to Section 4(g) of the Ash Disposal Agreement. In the event that as of January 1, 1994, or at any time thereafter, (1) in the opinion of the Independent Engineer, the first Cell (as defined in the Ash Disposal Agreement) may not be available to accept Ash by February 1, 1994, and (2) the Ash Disposer has not obtained North Carolina approval of a Temporary Stockpile Contingency Plan, the Borrower shall immediately submit a plan, reasonably satisfactory to the Majority Lenders, (after consultation with the Independent Engineer) (“Emergency Ash Disposal Plan”) (1) describing an alternative means for disposing or reusing the Ash, (2) identifying all costs necessary to implement such alternatives, and (3) describing any additional contracts (including Governmental Approvals) necessary for the disposal and/or reuse of the Ash. Upon approval of the Emergency Ash Disposal Plan, the Borrower shall promptly and diligently implement the provisions of the Emergency Ash Disposal Plan to obtain additional Ash storage capacity. In the event that as of any Quarterly Date (A) less than 15% of the capacity of any currently operating Cell remains available and Ash Disposer has failed to obtain all necessary Governmental Requirements for the construction of another Cell; or (B) less than one year remains before any currently operating Cell is filled and Ash Disposer has not submitted a plan for the construction of another Cell or (C) Ash Disposer has not submitted a plan for the construction of another Cell one year prior to the expected closing date of any currently operating Cell (as specified in Exhibit 3 to the Ash Disposal Agreement), or for any other reason Agent reasonably believes that another Cell will not be ready to receive ash from the Facilities on a timely basis or that any currently operating Cell will otherwise cease operation prior to the ava...
Sample 1
AutoNDA by SimpleDocs
Ash Disposal Agreement. Borrower shall promptly provide to the Independent Engineer all materials received by Borrower or subject to its review and comment under any of Sections 3(b), 4(b), 4(c), 4(e), 4(f) and 4(h) of the Ash Disposal Agreement, and shall consult with the Independent Engineer in the course of exercising its rights to review, comment, approve or request additions or changes under such Sections.
Sample 1

Related to Ash Disposal Agreement

  • Acquisition Agreements If the Equipment is subject to any Acquisition Agreement, Lessee, as part of this lease, transfers and assigns to Lessor all of its rights, but none of its obligations (except for Lessee's obligation to pay for the Equipment conditioned upon Lessee's acceptance in accordance with Paragraph 6), in and to the Acquisition Agreement, including but not limited to the right to take title to the Equipment. Lessee shall indemnify and hold Lessor harmless in accordance with Paragraph 19 from any liability resulting from any Acquisition Agreement as well as liabilities resulting from any Acquisition Agreement Lessor is required to enter into on behalf of Lessee or with Lessee for purposes of this lease.

  • Management Agreement The Management Agreement is in full force and effect and there is no default thereunder by any party thereto and no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder.

  • Assignment of Management Agreement As additional collateral security for the Loan, Borrower conditionally transfers, sets over, and assigns to Lender all of Borrower’s right, title and interest in and to the Management Agreement and all extensions and renewals. This transfer and assignment will automatically become a present, unconditional assignment, at Lender’s option, upon a default by Borrower under the Note, the Loan Agreement, the Security Instrument or any of the other Loan Documents (each, an “Event of Default”), and the failure of Borrower to cure such Event of Default within any applicable grace period.

  • Continuing Agreement (a) This Agreement shall remain in full force and effect until the Facility Termination Date, at which time this Agreement shall be automatically terminated (other than obligations under this Agreement which expressly survive such termination) and the Administrative Agent shall, upon the request and at the expense of the Grantors, forthwith release all of its liens and security interests hereunder and shall execute and deliver all UCC termination statements and/or other documents reasonably requested by the Grantors evidencing such termination.

  • Full Agreement This Agreement and the other Loan Documents contain the full agreement of the parties and supersede all negotiations and agreements prior to the date hereof.

  • Financing Agreement This Amendment shall constitute a Financing Agreement.

  • One Agreement This Agreement and any related security or other agreements required by this Agreement, collectively:

  • Certain Operative Agreements Furnish to the Liquidity Provider with reasonable promptness, such Operative Agreements entered into after the date hereof as from time to time may be reasonably requested by the Liquidity Provider.

  • Termination of Management Agreement Evidence of the termination of any and all management agreements affecting the Property, effective as of the Closing Date, and duly executed by Seller and the property manager.

  • Subordination Agreement Each of (i) the subordination of interest payments to the Noteholders of the Class B Notes to the payment of any First Priority Principal Payment to the Noteholders of the Class A Notes and (ii) the subordination of interest payments to the Noteholders of the Class C Notes to the payment of any Second Priority Principal Payment to the Noteholders of the Class A Notes and the Class B Notes under Section 8.2(c) is a subordination agreement within the meaning of Section 510(a) of the Bankruptcy Code.

Time is Money Join Law Insider Premium to draft better contracts faster.