Cancelled Projects Sample Clauses

Cancelled Projects. The Parties agree and acknowledge that the projects set forth on Schedule C hereto have been cancelled, and are not subject to any claim by either Party.
Sample 1
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Cancelled Projects. Cal Water cancelled these projects during discovery, in 6 rebuttal, or as a result of settlement negotiations.
Sample 1
Cancelled Projects. (i) If any Construction Project becomes a Cancelled Project, then, within 15 Business Days following such Construction Project becoming a Cancelled Project, the Company shall make an offer to all holders of the Senior Notes and all holders of any other Permitted Senior Secured Indebtedness that has a substantially similar provision requiring repayment upon any Construction Project becoming a Cancelled Project to prepay the minimum aggregate principal amount of the Senior Notes and such other Permitted Senior Secured Indebtedness required, after giving pro forma effect to the exclusion of such Cancelled Project and such prepayment, to maintain a projected average Debt Service Coverage Ratio through the Maturity Date greater than or equal to 1.6:1.0 and a projected minimum Debt Service Coverage Ratio for each Rolling Period CONFIDENTIAL TREATMENT REQUESTED PURSUANT TO 17 C.F.R. SECTION 200.83 through the Maturity Date greater than or equal to 1.3:1.0 at a price in cash equal to 100% of such minimum principal amount thereof plus accrued and unpaid interest, if any, to but not including the Applicable Prepayment Date; provided that the amount of any principal prepayment under this Section 8.2(d)(i) shall not exceed $103,013,000 for the High Desert Project, $60,250,000 for the Brown University Project and $4,795,000 for the Chevron XXXX Project. No Make-Whole Amount or other premium shall be required to be paid in connection with any prepayment pursuant to this Section 8.2(d)(i). For the avoidance of doubt, in no event shall be the Company be required to make more than one prepayment offer pursuant to this Section 8.2(d)(i) with respect to each Construction Project.
Sample 1
Cancelled Projects. (i) If any Construction Project becomes a Cancelled Project, then, within 15 Business Days following such Construction Project becoming a Cancelled Project, the Company shall make an offer to all holders of the Senior Notes and all holders of any other Permitted Senior Secured Indebtedness that has a substantially similar provision requiring repayment upon any Construction Project becoming a Cancelled Project to prepay the minimum aggregate principal amount of the Senior Notes and such other Permitted Senior Secured Indebtedness required, after giving pro forma effect to the exclusion of such Cancelled Project and such prepayment, to maintain a projected average Debt Service Coverage Ratio through the Maturity Date greater than or equal to 1.6:1.0 and a projected minimum Debt Service Coverage Ratio for each Rolling Period through the Maturity Date greater than or equal to 1.3:1.0 at a price in cash equal to 100% of such minimum principal amount thereof plus accrued and unpaid interest, if any, to but not including the Applicable Prepayment Date; provided that the amount of any principal prepayment under this Section 8.2(d)(i) shall not exceed $103,013,000 for the High Desert Project, $60,250,000 for the Brown University Project and $4,795,000 for the Chevron XXXX Project. No Make-Whole Amount or other premium shall be required to be paid in connection with any prepayment pursuant to this Section 8.2(d)(i). For the avoidance of doubt, in no event shall be the Company be required to make more than one prepayment offer pursuant to this Section 8.2(d)(i) with respect to each Construction Project.
Sample 1
Cancelled Projects. Reports for projects that have been cancelled, or for which no undertaking was ever submitted, but for which the cultural work has already been completed will be entered into CRMTracker and the report submitted to WYCRO within 1 year of BLM receipt of notice of project cancellation. If submitting for data sharing purposes, all sites may remain unevaluated and the report will be submitted to WYCRO with no review timeframe. If the BLM wishes to use the inventory and site data for future project purposes, they will evaluate all sites and submit the report for concurrence of eligibility with no determination of effect. Future projects will require determination of effect and consultation according to part V.D of this protocol.
Sample 1

Related to Cancelled Projects

  • Shared Contracts (a) Except as set forth on Schedule VIII, the Parties shall, and shall cause the members of their respective Groups to, use their respective reasonable best efforts to work together (and, if necessary and desirable, to work with the third party to such Shared Contract) in an effort to divide, partially assign, modify or replicate (in whole or in part) the respective rights and obligations under and in respect of any Shared Contract, such that (a) a member of the SpinCo Group is the beneficiary of the rights and is responsible for the obligations related to that portion of such Shared Contract relating to the SpinCo Business (the “SpinCo Portion”), which rights shall be a SpinCo Asset and which obligations shall be a SpinCo Liability, and (b) a member of the Nuance Group is the beneficiary of the rights and is responsible for the obligations related to such Shared Contract not relating to the SpinCo Business (the “Nuance Portion”), which rights shall be a Nuance Asset and which obligations shall be a Nuance Liability. Nothing in this Agreement shall require the division, partial assignment, modification or replication of a Shared Contract unless and until any necessary Consents are obtained or made, as applicable. If the Parties, or their respective Group members, as applicable, are not able to enter into an arrangement to formally divide, partially assign, modify or replicate such Shared Contract prior to the Distribution as contemplated by the previous sentence, then the Parties shall, and shall cause their respective Group members to, cooperate in any reasonable and permissible arrangement to provide that, following the Distribution, a member of the SpinCo Group shall receive the interest in the benefits and obligations of the SpinCo Portion under such Shared Contract and a member of the Nuance Group shall receive the interest in the benefits and obligations of the Nuance Portion under such Shared Contract, it being understood that no Party shall have Liability to the other Party for the failure of any third party to perform its obligations under any such Shared Contract.

  • Material Contracts and Commitments Neither the Company, nor, to the best knowledge of the Company, any third party is in default under any material contract, agreement or instrument to which the Company is a party.

  • Property Contracts Purchaser shall assume at Closing the obligations under the Property Contracts assumed by Purchaser; however, operating expenses shall be prorated under Section 5.4.2.

  • Net Tangible Assets Purchaser shall have at least $5,000,001 of net tangible assets (as determined in accordance with Rule 3a51-1(g)(1) of the Exchange Act) remaining after the closing of the Purchaser Share Redemption.

  • Scheduled Contracts Except as set forth in Section 4.15 of the Company Disclosure Letter (each item listed or required to be listed in such Company Disclosure Letter being referred to herein as a “Scheduled Contract”), as of the date hereof, neither Company nor Company Sub is a party or otherwise subject to:

  • Contracts and Commitments (a) Schedule 2.16 attached hereto contains a true, complete and correct list and description of the following contracts and agreements, whether written or oral (collectively, the "Contracts"):

  • Third Party Contracts From the Effective Date through and including the Closing Date, Seller agrees to enter into only those third-party contracts which are necessary to carry out its obligations under Section 5.2, which shall be on market terms and cancellable on thirty (30) days written notice or less, without payment of any fee or penalty. Copies of all such contracts so entered into by Seller shall be promptly provided by Seller to Purchaser.

  • Agreements, Contracts and Commitments Neither Company nor any of its subsidiaries is a party to or is bound by:

  • Gas Imbalances As of the Closing Date, except as set forth on Schedule 7.24 or on the most recent certificate delivered pursuant to Section 8.07(c), on a net basis there are no gas imbalances, take or pay or other prepayments with respect to any of the Obligors’ Oil and Gas Properties which would require any such Obligors to deliver, in the aggregate, five percent (5%) or more of the monthly production of Hydrocarbons produced from their Oil and Gas Properties at some future time without then or thereafter receiving fall payment therefor.

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