Common use of Company Required to Pay in Event Project Fund Insufficient Clause in Contracts

Company Required to Pay in Event Project Fund Insufficient. In the event the moneys in the Project Fund available for payment of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project should not be sufficient to pay the Costs of such rebuilding, replacement, repair or restoration of the Prior Project in full, the Company agrees to complete such rebuilding, replacement, repair or restoration of the Prior Project and to pay that portion of the Costs thereof in excess of the moneys available therefor in the Project Fund or shall otherwise satisfy the requirements of Section 7.07 hereof. The Authority does not make any warranty, either express or implied, that the moneys paid into the Project Fund and available for payment of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project will be sufficient to pay all of the Costs of such Project. The Company agrees that if after exhaustion of the moneys in the Project Fund, the Company should pay any portion of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project pursuant to the provisions of this Section, the Company shall not be entitled to any reimbursement therefor from the Authority, the Trustee or the Owners of any of the Bonds, nor shall the Company be entitled to any diminution of the amounts payable under Section 4.02 hereof.

Appears in 4 contracts

Samples: Loan Agreement (Macquarie Infrastructure Corp), Loan Agreement (Agl Resources Inc), Loan Agreement (Agl Resources Inc)

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Company Required to Pay in Event Project Fund Insufficient. In the event the moneys in the Project Fund available for payment of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project should not be sufficient to pay the Costs of such rebuilding, replacement, repair or restoration of the Prior Project in full, the Company agrees to complete such rebuilding, replacement, repair or restoration of the Prior Project and to pay that portion of the Costs thereof in excess of the moneys available therefor in the Project Fund or shall otherwise satisfy the requirements of Section 7.07 hereof. The Authority does not make any warranty, either express or implied, that the moneys paid into the Project Fund and available for payment of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project will be sufficient to pay all of the Costs of such Project. The Company agrees that if after exhaustion of the moneys in the Project Fund, the Company should pay any portion of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project pursuant to the provisions of this Section, the Company shall not be entitled to any reimbursement therefor from the Authority, the Trustee or the Owners of any of the Bonds, nor shall the Company be entitled to any diminution of the amounts payable under Section 4.02 hereof.

Appears in 1 contract

Samples: Loan Agreement (Agl Resources Inc)

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Company Required to Pay in Event Project Fund Insufficient. In the event the moneys in the Project Fund available for payment of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project should not be sufficient to pay the Costs of such rebuilding, replacement, repair or restoration of the Prior Project in full, the Company agrees to complete such the rebuilding, replacement, repair or restoration of the Prior Project and to pay that portion of the Costs thereof in excess of the moneys available therefor in the Project Fund or shall otherwise satisfy the requirements of Section 7.07 hereof. The Authority Issuer does not make any warranty, either express or implied, that the moneys paid into the Project Fund and available for payment of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project will be sufficient to pay all of the Costs of such Project. The Company agrees that if after exhaustion of the moneys in the Project Fund, the Company should pay any portion of the Costs of the rebuilding, replacement, repair or restoration of the Prior Project pursuant to the provisions of this Section, the Company shall not be entitled to any reimbursement therefor from the AuthorityIssuer, the Trustee or the Owners of any of the Bonds, nor shall the Company be entitled to any diminution of the amounts payable under Section 4.02 hereof.

Appears in 1 contract

Samples: Loan Agreement (Agl Resources Inc)

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