Complete Facility Sample Clauses

Complete Facility. 48 -ii- ATTACHMENTS TO PARTICIPATION AGREEMENT: Schedule 1 -- Note Purchaser Information Schedule 3.2(r) -- ERISA Matters Schedule 3.2(s) -- Environmental Matters Schedule 3.2(w) -- Existing Leases Annex I -- Definitions Annex II -- Forms of Opinions of Counsel Exhibit A -- Form of Trust Agreement Exhibit B -- Form of Site Lease Exhibit C -- Form of Facility Lease Exhibit D -- Form of Trust Indenture and Security Agreement Exhibit E -- Form of Deed of Trust Exhibit F -- Description of CLO2 System PARTICIPATION AGREEMENT THIS PARTICIPATION AGREEMENT dated as of September 15, 1999 is among PXXX & TALBOT, INC., a Delaware corporation (herein, together with its successors and assigns, the "Lessee"), SELCO SERVICE CORPORATION, an Ohio corporation (herein, together with its successors and assigns, the "Owner Participant"), the Note Purchasers named in Schedule 1 hereto (the "Note Purchasers"), WILMINGTON TRUST COMPANY, not in its individual capacity except as expressly stated herein, but solely as trustee (herein in such capacity, together with its successors and assigns, called the "Owner Trustee") under the Trust Agreement referred to below, and FIRST SECURITY BANK, NATIONAL ASSOCIATION (herein in such capacity, together with its successors and assigns, called the "Indenture Trustee"). The Owner Participant and the Note Purchasers are herein sometimes referred to collectively as the "Participants" and individually as a "Participant".
Sample 1
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Complete Facility. (i) Exhibit B to the Facility Lease contains a complete description of the entire Facility, which is located on the Site. Such items, together with the Site Lease Property for the Facility, constitute an integrated and self-contained pulp mill. The Owner Trustee's title and interest in the Leased Property under the Facility Lease is sufficient to permit during the Term of the Site Lease for the Site of the Facility (i) the locating, occupying, owning, selling, leasing, connecting, operating, maintaining, replacing, renewing, repairing and removing of the Facility, (ii) ingress to and egress from the Leased Property leased under the Facility Lease, (iii) the operating of the Leased Property leased under the Facility Lease in such a manner as to cause the Facility to perform on a daily basis, in commercial operation, the functions for which it was specifically designed at Design Capacity in accordance with the Plans therefor, and (iv) the preservation and enforcement by the Owner Trustee of its rights in and to the Leased Property leased under the Facility Lease and the easements and other rights in respect of the Site Lease Property described or referred to in the Site Lease for the Site of the Facility. (ii) There is presently no default by the Lessee or, to the Lessee's knowledge, by any other party with respect to (1) any easements, rights-of-way, licenses, utilities and other services which would materially and adversely affect the services relating to the Facility or (2) the James River Agreement, the James River Easement, the Railway Licexxx xr, except with respect xx xhe matters addressed in Section 14.14, the County Road Documents. (iii) All utility services necessary for the operation for its intended purposes of the Facility are installed and operational. (iv) None of the Permitted Encumbrances will interfere in any material respect with the use or possession of the Leased Property or any part thereof or any other asset used in connection therewith or the use of or the exercise by the Owner Trustee of its rights either under any Operative Agreement or to the Leased Property. (v) The Facility is situated wholly within the boundary lines of the Site and does not encroach upon any contiguous or adjoining property; except as disclosed in writing, neither the Site nor any part thereof is considered part of a larger tax lot; the Facility does not violate any rights granted under any easements or rights of way or any covenants or restrictions affecting t...
Sample 1
Complete Facility. The Lessee covenants and agrees, without limiting its obligations under the Facility Lease and the other Operative Agreements, that it shall obtain and maintain all licenses, rights and easements, and provide access to such utility services, sufficient to permit during the Term of the Site Lease (i) the locating, occupying, owning, selling, leasing, connecting, operating, maintaining, replacing, renewing, repairing and removing of the Facility, (ii) ingress to and egress from the Leased Property, (iii) intake and discharge of water and other utilities necessary for the operation of the Facility, (iv) the operating of the Leased Property in such a manner as to cause the Facility to perform on a daily basis, in commercial operation, the functions for which it was specifically designed at Design Capacity in accordance with the Plans therefor, and (v) the preservation and enforcement by the Owner Trustee of its rights in and to the Leased Property and the easements and other rights with respect to the Site Lease Property described or referred to in the Site Lease, except such licenses, rights and easements the absence of which would not cause a Material Adverse Effect. The Lessee shall have such access to the Leased Property as shall be reasonably necessary to comply with its obligations under this Section. The Lessee further covenants and agrees: (a) that during the Site Lease Term, the Lessee shall not, without the Owner Trustee's, the Indenture Trustee's and each Participant's prior written consent, terminate the Railway License, the Jxxxx River Agreement, the Jxxxx River Easement, or except in connection with the actions set forth in clause (c) of this Section 14.14, the County Road Documents; (b) that during the Site Lease Term, the Lessee shall send copies of all notices (other than notices relating to pricing or other operations in the ordinary course of business) given or received under the Railway License, the Jxxxx River Agreement, the Jxxxx River Easement and the County Road Documents to the Owner Trustee, the Indenture Trustee and each Participant within five (5) Business Days after receipt thereof; (c) that the Lessee shall, on or before the date which is 60 days following the Closing Date, (i) use its best efforts to cause the railroad which is the licensor under the Railway License to consent in writing to the transfer and assignment of the rights under the Railway License from American Can Company to the Lessee, and its successors and assigns (...
Sample 1
Complete Facility. 43 Section 10.2. Warranty Period. 44 Section 10.3. Remedial Warranty Work. 44 Section 10.4. Procedures for Remedial Warranty Work. 45 Section 10.5. Other Warranty Exclusions. 45 Section 10.6. Subcontractor Warranties. 45
Sample 1
Complete Facility. Contractor represents and warrants to Owner that the Facility, including the Turbine, and all material, Equipment and workmanship related thereto and the installation/erection thereof
Sample 1

Related to Complete Facility

  • Employee Facilities Employee Facilities. Restrooms and attendant facilities shall be provided as required in the orders and regulations of the State of Washington Department of Labor and Industries. A good faith effort will be made by the Employer to provide facilities for employees’ personal belongings.

  • Existing Facilities Each of the Existing Facilities shall be repaid in full and terminated and all collateral security therefor shall be released, and the Administrative Agent shall have received pay-off letters in form and substance satisfactory to it evidencing such repayment, termination and release.

  • Facility Prudential is willing to consider, in its sole discretion and within limits which may be authorized for purchase by Prudential Affiliates from time to time, the purchase of Shelf Notes pursuant to this Agreement. The willingness of Prudential to consider such purchase of Shelf Notes is herein called the “Facility”. At any time, the aggregate principal amount of Shelf Notes stated in Section 1.2, minus the aggregate principal amount of Shelf Notes purchased and sold pursuant to this Agreement prior to such time, minus the aggregate principal amount of Accepted Notes (as hereinafter defined) which have not yet been purchased and sold hereunder prior to such time, is herein called the “Available Facility Amount” at such time. NOTWITHSTANDING THE WILLINGNESS OF PRUDENTIAL TO CONSIDER PURCHASES OF SHELF NOTES BY PRUDENTIAL AFFILIATES, THIS AGREEMENT IS ENTERED INTO ON THE EXPRESS UNDERSTANDING THAT NEITHER PRUDENTIAL NOR ANY PRUDENTIAL AFFILIATE SHALL BE OBLIGATED TO MAKE OR ACCEPT OFFERS TO PURCHASE SHELF NOTES, OR TO QUOTE RATES, SPREADS OR OTHER TERMS WITH RESPECT TO SPECIFIC PURCHASES OF SHELF NOTES, AND THE FACILITY SHALL IN NO WAY BE CONSTRUED AS A COMMITMENT BY PRUDENTIAL OR ANY PRUDENTIAL AFFILIATE.

  • State Facilities If the State makes space available to the Party in any State facility during the term of this Agreement for purposes of the Party’s performance under this Agreement, the Party shall only use the space in accordance with all policies and procedures governing access to and use of State facilities which shall be made available upon request. State facilities will be made available to Party on an “AS IS, WHERE IS” basis, with no warranties whatsoever.

  • PUBLIC FACILITIES Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

  • Alternate Facilities If under Purchaser’s Operating Schedule, roads needed for the removal of Included Timber differ substantially from Specified Roads, other roads may be added to A7. Contracting Officer shall assure that road routing, location, design, and needed easements will make such other roads acceptable as parts of the National Forest transportation facilities. Purchaser shall provide survey, design, and construction staking for such other roads.

  • Modification of the Small Generating Facility The Interconnection Customer must receive written authorization from the NYISO and Connecting Transmission Owner before making any change to the Small Generating Facility that may have a material impact on the safety or reliability of the New York State Transmission System or the Distribution System. Such authorization shall not be unreasonably withheld. Modifications shall be done in accordance with Good Utility Practice. If the Interconnection Customer makes such modification without the prior written authorization of the NYISO and Connecting Transmission Owner, the Connecting Transmission Owner shall have the right to temporarily disconnect the Small Generating Facility. If disconnected, the Small Generating Facility will not be reconnected until the unauthorized modifications are authorized or removed.

  • Refinancing Facilities (a) On one or more occasions after the Effective Date, the Borrower may obtain, from any Lender or any other bank, financial institution or other institutional lender or investor that agrees to provide any portion of Refinancing Term Loans pursuant to a Refinancing Amendment in accordance with this Section 2.22 (each, an “Additional Refinancing Lender”) (provided that the Administrative Agent shall have consented (such consent not to be unreasonably withheld, conditioned or delayed) to such Lender’s or Additional Refinancing Lender’s making such Refinancing Term Loans to the extent such consent, if any, would be required under Section 9.04(b) for, and to the extent that such Additional Refinancing Lender is a Purchasing Borrower Party or an Affiliated Lender, the requirements of Section 9.04(g) and 9.04(f), respectively, shall be satisfied as if such Refinancing Term Loan were, an assignment of Term Loans to such Lender or Additional Refinancing Lender), Credit Agreement Refinancing Indebtedness in respect of all or any portion of Term Loans then outstanding under this Agreement, in the form of Refinancing Term Loans or Refinancing Term Commitments pursuant to a Refinancing Amendment; provided that no Lender is obligated hereunder to provide such Credit Agreement Refinancing Indebtedness. (b) The effectiveness of any Refinancing Amendment shall be subject to the satisfaction on the date thereof of each of the conditions set forth in Section 4.02 and, to the extent reasonably requested by the Administrative Agent, receipt by the Administrative Agent of (i) customary legal opinions, board resolutions and officers’ certificates consistent with those delivered on the Effective Date other than changes to such legal opinion resulting from a change in law, change in fact or change to counsel’s form of opinion reasonably satisfactory to the Administrative Agent and (ii) reaffirmation agreements and/or such amendments to the Security Documents as may be reasonably requested by the Administrative Agent in order to ensure that such Credit Agreement Refinancing Indebtedness is provided with the benefit of the applicable Loan Documents. (c) Each issuance of Credit Agreement Refinancing Indebtedness under Section 2.22(a) shall be in an aggregate principal amount that is (x) not less than $50,000,000 and (y) an integral multiple of $10,000,000 in excess thereof. (d) Each of the parties hereto hereby agrees that this Agreement and the other Loan Documents may be amended pursuant to a Refinancing Amendment, without the consent of any other Lenders, to the extent (but only to the extent) necessary to (i) reflect the existence and terms of the Credit Agreement Refinancing Indebtedness incurred pursuant thereto and (ii) effect such other amendments to this Agreement and the other Loan Documents as may be necessary or appropriate, in the reasonable opinion of the Administrative Agent and the Borrower, to effect the provisions of this Section 2.22, including any amendments necessary to treat the applicable Loans and/or Commitments established under the Refinancing Amendment as a new Class of Loans and/or Commitments hereunder, and the Lenders hereby expressly authorize the Administrative Agent to enter into any such Refinancing Amendment. (e) This Section 2.22 shall supersede any provisions in Section 2.17 or Section 9.02 to the contrary solely to the extent provided in this Section 2.22.

  • Total Facility Subject to all of the terms and conditions of this Agreement, the Lenders agree to make available a total credit facility of up to $400,000,000 (as such amount may be increased or reduced from time to time pursuant to the terms of this Agreement, the “Total Facility”) to the Borrowers from time to time during the term of this Agreement. The Total Facility shall be composed of a revolving line of credit consisting of Revolving Loans and Letters of Credit described herein.

  • Generating Facility The Interconnection Customer’s device for the production of electricity identified in the Interconnection Request, but shall not include the Interconnection Customer’s Interconnection Facilities.

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