Commitment to Acquire the Existing Cardinal Pipeline and to Construct the Facilities Sample Clauses

Commitment to Acquire the Existing Cardinal Pipeline and to Construct the Facilities. 4.1.1 The Members agree to cause the Company to enter into the Merger Agreement and to use their best efforts to consummate the Merger. 4.1.2 The Members agree to cause the Company to file the NCUC Application and the Members agree to support the NCUC Application. 4.1. 3The Members agree to use their best efforts to obtain an order from the NCUC granting the authorizations needed to permit the Company to carry out the purposes of the Company as described in Section 2.5 of this Agreement and to construct, own and operate the Facilities. Within 15 days after the NCUC issues its order ruling on the NCUC Application, the Members will meet to discuss and vote on whether the Company should accept the order, seek rehearing of the order, appeal the order, reject the order or take some other course of action. If the Members do not vote to accept the order, the Members agree to exhaust all legal remedies reasonably available to obtain an acceptable order, including, but not limited to, seeking rehearing and judicial review of an unacceptable order. If the order is modified on rehearing, appeal or otherwise, the Members shall againmeet within 15 days of the date of the order providing for such modification to vote on whether to accept the order, seek further rehearing of the order, appeal the order, reject the order or take some other course of action. An order may be accepted only upon the unanimous vote of the Members; however, each Member agrees to vote to accept the order unless a condition of the order is materially different from the order requested and is unacceptable in the Member's reasonable judgment. 4.1. 4Subject to Section 5.1 below, except upon the approval by a Supermajority Vote, the Company shall not incur any material costs or obligations with respect to the Existing Cardinal Pipeline or the Facilities or become obligated under the Financing Commitment relating to the Existing Cardinal Pipeline or the Facilities until (a) the Necessary Regulatory Approvals have been obtained and accepted, (b) the Financing Commitment has been negotiated and is ready for acceptance by the Company (with the Members to decide whether such Financing Commitment utilizes a Financing Corporation), (c) the Service Agreements have been executed by the Company and the Customers, (d) the Estimated Cost of the Facilities has been determined, and (e) the Members have approved the commitment to construct the Facilities as provided in Section 4.1.5. 4.1. 5Immediately following the...
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Related to Commitment to Acquire the Existing Cardinal Pipeline and to Construct the Facilities

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