Equity Contribution Agreement. A true and correct copy of the ----------------------------- Equity Contribution Agreement has been provided to Sellers. The execution and delivery of the Equity Contribution Agreement by WPSR Capital and PDI and the consummation of the transactions contemplated thereby has been duly and validly authorized by all necessary corporate or other action required on the part of each of WPSR Capital and PDI. The Equity Contribution Agreement has been duly and validly executed and delivered by each of WPSR Capital and PDI and constitutes the legal, valid and binding obligations of each of WPSR Capital and PDI enforceable against each of WPSR Capital and PDI in accordance with its terms, except that such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium or other similar laws affecting or relating to enforcement of creditors' rights generally and general principles of equity (regardless of whether enforcement is considered in a proceeding at law or in equity).
Equity Contribution Agreement. Obliges the owners of the power plant project company to make equity or subordinated debt contributions to finance the portion of the power plant not being financed by the lenders. It may also include obligations to provide additional financial support to the project company if required.
Equity Contribution Agreement. Within thirty (30) days following the Effective Date, Investor shall deliver an initial draft of the Equity Contribution Agreement to the Concessionaire and the Authority based upon the terms and conditions set forth in the Equity Contribution Agreement Term Sheet. The Concessionaire and Investor shall use Reasonable Efforts to negotiate the final form of the Equity Contribution Agreement during the Development Phase.
Equity Contribution Agreement. Prior to the Initial Closing, DCC shall have been fully and unconditionally released from all of its Credit Support Obligations under the Equity Contribution Agreement pursuant to a release document satisfactory to Seller.
Equity Contribution Agreement. The Contribution Agreement dated as of the Closing Date between the Sole Member, the Issuer, the Trustee and the Collateral Manager.
Equity Contribution Agreement. It is expressly understood and agreed that the Borrower will not be responsible to us for the reimbursement to us of any claim under this Letter of Credit. In addition, presentation of such Draft Certificate or Reduction Certificate may also be made by fax transmission to ([ ]), or such other fax number identified by [insert name of Bank] in a written notice to you. To the extent a presentation is made by fax transmission, you must (i) provide telephone notification thereof to [insert name of Bank] ([insert telephone number]) prior to or simultaneously with the sending of such fax transmission and (ii) send the original of such Draft Certificate or Reduction Certificate by overnight courier to our Servicer, [insert name and address of Bank]. Provided, however, that [insert name of Bank]’s receipt of such telephone notice or original documents shall not be a condition to payment or reduction of the Stated Amount. Items delivered by facsimile transmission shall be deemed to be the equivalent of originals of such items for all purposes of this Letter of Credit. Without limiting the generality of the foregoing, a facsimile of this Letter of Credit shall serve as the operative instrument until receipt by the Beneficiary of the original document. We hereby agree to honor each drawing hereunder made in compliance with this Letter of Credit. In the case of a draw meeting the requirements of the preceding sentence, such draw shall be honored by wire transfer in immediately available funds in the amount specified in the Draft Certificate delivered to the Bank in connection with such drawing to your account number as specified in the signed Draft Certificate. If such drawings are presented by you on a Business Day at or before [10:00 AM] (Eastern Time), such payment will be made [not later than the close of business on the next Business Day after the date of such drawing]; drawings presented by you on a Business Day after [10:00 AM] (Eastern Time) will be paid [not later than the close of business on the second Business Day after the date of such drawing]. This Letter of Credit is effective immediately, and expires on the first to occur of (a) [insert expiration date that is not earlier than twelve (12) months after the issuance date hereof], (b) the date on which drawings or requested reductions to the Stated Amount hereunder total the Stated Amount of this Letter of Credit as reduced from time to time in accordance with the terms of this Letter of Credit, or (c) th...
Equity Contribution Agreement. The Equity Contribution Agreement, duly executed and delivered by the Sponsor, each Member and the Administrative Agents pursuant to which the Sponsor shall have agreed to make capital contributions, subject to the terms and conditions thereof, to the Borrower, either directly or indirectly through the Members, in an aggregate amount of not less than $474,376,000.
Equity Contribution Agreement. Any Sponsor shall fail to comply with any of its material obligations under the Equity Contribution Agreement and such failure shall continue for three (3) Business Days from the occurrence of such failure.
Equity Contribution Agreement. The Company shall cause the Equity Contribution Agreement to remain in full force and effect; provided that the foregoing will not prohibit the Equity Contribution Agreement not remaining in full force and effect if the rating assigned to the Notes by S&P and Mxxxx’x is not downgraded from the rating assigned to American Ref-Fuel Company LLC Indenture the Initial Notes on the Issue Date by either S&P or Moody’s as a result of (whether solely or in combination with other events) the Equity Contribution Agreement not being in full force and effect.
Equity Contribution Agreement. Upon the application of the proceeds from the sale of the Purchased Shares as set forth in Section 5.03, EXCO will have no further contribution obligations to EPOP under the Equity Contribution Agreement and such agreement will be terminated.
