Excess Funding. On expiry or termination of this Agreement, where the total Funding paid under this Agreement and any other money received by the Recipient to carry out the Project exceeds the funding required to perform the Project, the Recipient must upon request refund to the Ministry the excess amount. The Recipient is not required to refund, under this clause 6.5(e), any amount that exceeds the total amount of Funding.
Excess Funding. For the avoidance of doubt, to the extent that the GS Parties have, through inadvertence or otherwise, provided equity funding to the Corporation on or about the date of this agreement in excess of $480,787,353 (being the sum of the GS Initial Investment and that portion of the GS Additional Investment to be funded as at the date of this Agreement), such excess shall be returned to the GS Parties in Canadian funds as soon as reasonably practicable and such excess shall not constitute either GS Initial Investment or GS Additional Investment (● [PARENTHESES REDACTED*]).
Excess Funding. The Guarantor hereby agrees that if any other guarantor of Borrower shall become an Excess Funding Guarantor (as defined below) by reason of the payment by such other guarantor of any Guarantied Obligations, the Guarantor shall, on demand of such Excess Funding Guarantor (but subject to the next sentence), pay to such Excess Funding Guarantor an amount equal to the Guarantor's Pro Rata Share (as defined below and determined, for this purpose, without reference to the properties, debts and liabilities of such Excess Funding Guarantor) of the Excess Payment (as defined below) in respect of such Guarantied Obligations. The payment obligation of the Guarantor to any Excess Funding Guarantor under this Section 10 shall be subordinate and subject in right of payment to the prior payment in full of the obligations of the Guarantor under the other provisions of this Guaranty, and such Excess Funding Guarantor shall not have the right hereunder to exercise any right or remedy with respect to such excess until payment and satisfaction in full of all such obligations. To the extent that Guarantor should have any similar rights against any other guarantor, such rights to receive payment from such other guarantor shall be subordinate and subject in right of payment to the prior payment in full of the obligations of such other guarantor under the other provisions of its respective guaranty in favor of Lender, and Guarantor shall not exercise any right or remedy with respect to such rights to payment until payment and satisfaction in full of all such obligations. For purposes of this Section 10, (i) "Excess Funding Guarantor" shall mean, in respect of any Guarantied Obligations, a guarantor of Borrower that has paid an amount in excess of its Pro Rata Share of such
Excess Funding. The term "Excess Funding" shall have the meaning ascribed to such term in Section 2.9(b) hereof.
