Completion Costs Sample Clauses

Completion Costs. Grantee acknowledges and agrees that upon the occurrence of any default or Event of Default under this Deed to Secure Debt or other Loan Document the payment of the Completion Costs shall be made solely as provided for in Section 4.10(c) of this Deed to Secure Debt and subject to the provisions of Section 10.20 of the Loan Guarantee Agreement.

Completion Costs. Notwithstanding anything to the contrary herein, if Guarantor shall at any time default in the performance of, or disclaim, its obligations under Section 1 above, or if Lender shall elect, in its sole and absolute discretion, to demand payment of the Completion Costs (as hereinafter defined) by Guarantor, Guarantor shall, at Lender’s election and upon demand by Lender, pay to Lender an amount equal to the positive difference, if any, between: (x) the Completion Costs, and (y) the sum of the unfunded portions of the Building Loan and the Project Loan (specifically excluding, however, unfunded amounts of the Building Loan and the Project Loan that are budgeted for the payment of leasing commissions, tenant improvement allowances and tenant improvement work) and all Equity Deposits and School Cost Payments held by Lender and School Cost Payments anticipated to be made under the School Unit Purchase Agreement (collectively, the “Unfunded Construction Loan Proceeds”). As used herein, the term “Completion Costs” means all of Lender’s direct and indirect costs incurred or estimated to be incurred in connection with the Completion of the Construction Work as required of Borrower under the Master Loan Agreement, including, without being limited to, Hard Costs, Soft Costs and School Costs (and specifically including, without limitation: all costs estimated to be incurred to sell the School Unit and the Subdivided Residential Units; all real estate taxes, insurance premiums, Operating Expenses and interest on the Loan that would have become payable during the estimated construction period), all irrespective of the amounts set forth in the Approved Budget for each line item and irrespective of the absence of any particular item of direct or indirect costs from the Approved Budget and irrespective of whether Guarantor’s obligations under the Carry Guaranty have been terminated (but without duplication of amounts payable and actually paid by Guarantor under the Carry Guaranty). Following such demand by Lender for payment by Guarantor of the Completion Costs to Lender and the actual payment by Guarantor of the amount demanded by Lender in accordance with the provisions of this Section 2 (expressly including all amounts set forth in any Demand Notice in accordance with the provisions of subsection 3(a) hereof sent prior to such payment by Guarantor), Guarantor shall be deemed to have satisfied its obligations under Sections 1(a), 1(b) and 3(a) of this Guaranty. For the pu...

Completion Costs. Each party consenting to a proposed additional testing operation under Section 6.3(a)(i), hereinabove, or an attempt to complete operation under Section 6.3(a)(ii), hereinabove, shall, within ten (10) calendar days after such election, pay in full its proportionate share of the costs of such operation to Pohle, such costs sometimxx xxferred to elsewhere in this Agreement as the "Completion Costs". Should any party fail to make full payment of its proportionate share of the Completion Costs, then said party shall be deemed to have elected not to join in the proposed operation, and the provisions hereof applicable to non-consenting parties shall apply.

Completion Costs. Pro forma costs to complete the first phase of any ----------------- Startup Project, including, but not limited to, anticipated expenditures for land, all Soft Costs, and the amount of any form of future obligation or guaranty to inject cash required in order to construct the first phase of such Startup Project, regardless of which phase such obligation or guaranty shall actually benefit. Consolidated or consolidated. With reference to any term defined herein, ------------------------------ shall mean that term as applied to the accounts of FCI and its Subsidiaries, consolidated in accordance with generally accepted accounting principles. Consolidated Net Income (or Deficit). The consolidated net income (or --------------------------------------- deficit) of FCI and its Subsidiaries, after deduction of all expenses, taxes, and other proper charges, determined in accordance with generally accepted accounting principles. Consolidated Net Operating Income (or Deficit). Consolidated Net Income (or ---------------------------------------------- Deficit), after eliminating therefrom all extraordinary nonrecurring items of income or loss. Consolidated Operating Cash Flow. For any period, an amount equal to (i) --------------------------------- the sum of (A) Earnings Before Interest and Taxes for such period, plus (B) ---- depreciation, amortization and all other noncash charges for such period, less ---- (ii) the sum of (A) cash payments for all taxes paid during such period, plus (B) Capital Expenditures made during such period.

Completion Costs. After preparation of a completion design for a Program Well to be Completed, GASCO shall furnish to NFR an AFE for the Completion Costs of such Program Well and a Cash Call in the amount of NFR’s Working Interest Share of such AFE. Not later than fifteen (15) business days after receipt of the AFE and Cash Call, NFR shall pay to GASCO, by wire transfer of immediately available funds in accordance with the instructions set forth in Schedule 3.1, the amount of such Cash Call.

Completion Costs. (a) Seller shall be solely responsible for completing the Mt. Xxxxxxxx Facility and the Mt. Xxxxxxxx Completion Costs including, without limitation, any cost overruns that exceed the current budget for the Mt. Xxxxxxxx Facility to the extent that such Mt. Xxxxxxxx Completion Costs exceed the amount in the Bond Proceeds Account as of the Closing Date plus the amount of any adjustment pursuant to Article 4.2(b)(i). Attached hereto as SCHEDULE 5.2(a) is the current budget for the completion of the Mt. Xxxxxxxx Facility. As used in this Article 5.2, "MT. XXXXXXXX COMPLETION COSTS" shall mean the actual costs, whether budgeted or not, associated with construction, testing and certification of the Mt. Xxxxxxxx Facility including all costs associated with the refurbishment, relocation, testing, certification and installation of the Colorado Equipment and the Pennsylvania Equipment and any other costs incurred by either Purchaser or Seller to complete the Mt. Xxxxxxxx Facility to Purchaser's reasonable satisfaction in accordance with the design and specifications for the Mt. Xxxxxxxx Facility from and after the Closing Date, including the cost of services performed or equipment delivered in connection therewith as of the Closing Date but for which no invoice has been delivered to Seller as of the Closing Date. The Mt. Xxxxxxxx Completion Costs shall not include any costs or expenses that arise after the Closing Date in connection with any change orders or modifications submitted by Purchaser with respect to the completion of the Mt. Xxxxxxxx Facility that are not included in the specifications for the Mt. Xxxxxxxx Facility and that are not contemplated by the budget set forth in SCHEDULE 5.2(a).

Completion Costs. All interest shall be computed on the premise that a year contains 360 days, and is composed of twelve (12) months, each of which contains thirty (30) days. The Completion Costs Interest Rate used for purposes of determining Tenant's monthly installment of Tenant's Share of Phase 1 Completion Costs shall initially equal that rate of interest (as determined pursuant to the formula set forth above in effect on the Phase 1 Commencement Date, and thereafter, the Completion Costs Interest Rate used for purposes of determining Tenant's monthly installment shall be recalculated at the commencement of each Lease Year (individually referred to as a "Payment Calculation Date") using the interest rate (as determined pursuant to the formula set forth above) in effect on each respective Payment Calculation Date. Tenant's monthly installment of the unpaid portion of Tenant's Share of Phase 1 Completion Costs together with interest thereon shall be adjusted on each Payment Calculation Date as follows:

Completion Costs. 10 Section 2.6. Cash Consideration........................................ 12 Section 2.7. Designation of Issuance of Equity Securities.............. 13 Section 2.8. Withdrawn Properties...................................... 13 Section 2.9. Guaranty.................................................. 13 Section 2.10. Certain Definitions....................................... 14 ARTICLE 3. TITLE; MATTERS TO WHICH THIS CONTRIBUTION IS SUBJECT............. 14

Completion Costs. (a) Table 1 of Schedule 2.5(a) sets forth an estimate by the --------------- TCR Parties of each component of the Completion Costs (the "ESTIMATED COMPLETION COSTS") anticipated to finalize construction of each of the Real Properties listed thereon (collectively, the "DEVELOPMENT PROPERTIES"). Twenty

Completion Costs. 23 Section 3.6 Cash Consideration........................................... 24 Section 3.7 Withdrawn Properties......................................... 24 Section 3.8 Management Contracts and Brokerage Business.................. 25 Section 3.9 Retained Amount.............................................. 26