CapEx Contribution Request Clause Samples

CapEx Contribution Request. (a) The Company shall provide the Funding Members a notice requesting CapEx Contributions in respect of each Approved Project and the Project Written Consent relating thereto as directed by the Board in accordance with Section 5.2(b) (a “CapEx Contribution Request”), which request shall be provided not less than 20 and not more than 30 Business Days prior to the requested date of contribution, which date shall be set forth in the CapEx Contribution Request and such date shall be substantially in accordance with the Funding Schedule (the “CapEx Contribution Closing Date”). Upon notice from a Funding Member, the CapEx Contribution Closing Date shall be extended to the extent necessary to satisfy any waiting periods or other requirements under the HSR Act or other competition Laws. (b) A CapEx Contribution Request with respect to any Approved Project shall include (i) a reasonably detailed description of the Approved Project, (ii) a certification from the Chief Executive Officer or other senior Officer that the Required Condition is satisfied (the “Company Certificate”) and (iii) if MHR is a Funding Member with respect to such Approved Project, a certification from the chief executive officer or other senior officer of MHR that MHR is ready, willing and able to make its required CapEx Contribution in accordance with the Project Written Consent (the “MHR Certificate”). The Requested CapEx Contribution Amount shall not exceed the amount reasonably required by the Company in connection with pursuing the applicable Approved Project during the following calendar quarter, but in no event shall such amount exceed the amount set forth in the Funding Schedule for such calendar quarter unless otherwise agreed by the Funding Members in writing. (c) Upon the Funding Members’ receipt of a valid CapEx Contribution Request (including the Company Certificate and, if MHR is a Funding Member with respect to such Approved Project, the MHR Certificate), and subject to satisfaction of the Required Condition, each Funding Member shall be obligated to fund such Funding Member’s Funding Share of the total Requested CapEx Contribution Amount; provided, that, (i) in the case of a MHR Non-Funding Event as reflected in the Project Written Consent, each Series A-2 Member that is a Funding Member shall also fund, subject to Section 5.2 and this Section 5.3, its pro rata share of the Unfunded MHR Amount to the extent set forth in the Project Written Consent (and MHR shall not be required t...