Changes to Financing Agreements Clause Samples
Changes to Financing Agreements. Senior Debt means the financing provided by the Senior Lenders under the Senior Financing Agreements; Senior Debt Rate the non-default interest rate as defined in the Senior Financing Agreements or such lower rate as the parties may agree; Senior Financing Agreements those of the Financing Agreements listed in Part 1 of 13 (Initial Financing Agreements) as at the date of this Agreement or without prejudice to clause 50.3 as the same may be amended pursuant to clause 50.3.2.1 (Changes to Financing Agreements); Senior Lenders persons providing finance to the Contractor under the Senior Financing Agreements; Services the services required to satisfy the Output Specification at Schedule 1 (Output Specification) of this Agreement; Services Commencement the commencement of the Services; Services Commencement Date the Commencement Date; Service Delivery Plan The plan for the delivery of the Services as contained in Part 2 of Schedule 2 (Contractor’s Proposals) as may be varied from time to time in accordance with the Review Procedure; Service Level Requirements the requirements annex II of Schedule 1 (Output Specification); Services Media all pipes, sewers, drains, mains, ducts, conduits, gutters, water courses, wires, cables, meters, switches, channels, flues and all other conducting media appliances and apparatus including any fixtures, louvres, cowls and other ancillary apparatus; Services Period the period specified in clause 3.2 (Duration); Service Transfer Date the transfer on a date agreed by the parties to the Contractor of responsibility for provision of (or procuring the provision by sub-contractors of) the Services in accordance with this Agreement; Service Users a reasonably representative sample of those users who consume or benefit from the Services; Service Works all of the works (including design and works necessary for obtaining access to the Project Site or any parts thereof) to be undertaken in accordance with this Agreement to satisfy the Output Specification but excluding the Development Works; Shareholder Any person from time to time holding share capital in the Contractor or its Holding Company; Site Conditions The conditions of the Project Site including (but not limited to) climatic, hydrological, hydrogeological, ecological, environmental, geotechnical and archaeological conditions; Snagging List The list to be prepared by the Independent Certifier in accordance with clause 23.4.1 (Snagging Items) containing particulars of minor defects,...
Changes to Financing Agreements. No amendment, waiver or exercise of a right under any Financing Agreements shall have the effect of increasing the Councils’ liabilities on early termination of this Contract unless:
Changes to Financing Agreements. Project Co will not without the prior written consent of Operations Co, not to be unreasonably withheld or delayed, terminate, amend, assign or otherwise modify the Financing Agreements, or waive or exercise any of its rights under the Financing Agreements or enter into any replacement Financing Agreement or any agreement which affects the interpretation or application of any Financing Agreements if such action would:
(a) materially adversely affect Operations Co’s ability to perform its obligations under this Project Implementation Agreement; 34985-2017 25902380.4 Amended and Restated Project Implementation Agreement NG-KIH Project
(b) have the effect of increasing any liability or potential liability of Operations Co other than as contemplated in the Financial Model (unless Operations Co is specifically compensated for such liability or potential liability); or
(c) have any adverse impact on the Operations Co Availability Payment or Project Co’s ability to service the Junior Debt. If at any time any amendment is made to any Financing Agreement or Project Co enters into any replacement Financing Agreement (or any agreement which affects the interpretation or application of any Financing Agreement), Project Co will deliver to Operations Co a copy of each such amendment or agreement within 5 Business Days of the date of its execution or creation, certified as a true copy by an officer of Project Co.
Changes to Financing Agreements. Without prejudice to the provisions of clause 7.2 (Delivery), 47.2 (Changes to the Financing Agreement), and 80 (Refinancing), the Contractor shall not, without the prior written consent of the Authority, enter into new Financing Agreements or terminate, amend, waive its rights or otherwise deal with its Financing Agreements if the same may reasonably be expected to have a material adverse effect on the ability of the Contractor to perform its obligations under the Project Documents or this Agreement.
Changes to Financing Agreements and Ancillary Documents), provided that such advance is not made under any Committed Stand-by Facility;
Changes to Financing Agreements and Ancillary Documents), or to the definition of Senior Financing Agreements in clause 1.1,1.1 (Definitions), if at any time an amendment is made to any Ancillary Document or Financing Agreement, or the Contractor enters into a new Ancillary Document or Financing Agreement (or any agreement which affects the interpretation or application of any Ancillary Document or Financing Agreement), the Contractor shall deliver to the Authority a conformed copy of each such amendment or agreement within ten (10) Business Days of the date of its execution or creation (as the case may be), certified as a true copy by an officer of the Contractor. AuthorityInterface Obligations
Changes to Financing Agreements and Ancillary Documents), as the same may be amended as allowed by clause 54.1 (
Changes to Financing Agreements. 22 5.3 Restrictions on Refinancing ..............................................................................23 5.4 Refinancing Process .........................................................................................23 5.5 Not Used ...........................................................................................................23 5.6 Not Used ...........................................................................................................23 5.7 Not Used ...........................................................................................................23 5.8 Not Used ...........................................................................................................23 6. INSURANCE, DAMAGE AND DESTRUCTION ............................................................24