Expansion of Facility Sample Clauses

Expansion of Facility. At the request of the Borrower, the aggregate amount of the Commitments may be increased at any time prior to the Termination Date to an aggregate amount not in excess of $150,000,000 without any amendment to this Agreement and without consent of the Banks, by an increase in the Commitment of any existing Bank and/or the execution and delivery by any new Bank which has been approved by the Borrower and the Administrative Agent (a "New Bank") of a Bank Joinder Agreement. On the effective date of such increase by an existing Bank or such joinder: (i) the Administrative Agent shall notify all other Banks thereof, including the name, notice address and amount of Commitment of each New Bank, if applicable; (ii) if a New Bank is being added, the Borrower shall execute and deliver to the Administrative Agent, for re-delivery to the New Banks, as appropriate, a Syndicated Loan Note payable to each New Bank in the amount of its Commitment, and a new Money Market Loan Note payable to each New Bank in the amount of the Money Market Facility Limit, after giving effect to such joinder; and (iii) if a New Bank is being added, each New Bank shall purchase from each other Bank a pro rata participation in such other Bank's existing Syndicated Loans (but not its Money Market Loans), including in any right of payment pursuant to Section 8.05 with respect thereto, so that, after giving effect thereto, each Bank (including each New Bank) will have risk for such existing Loans equal to its pro rata share of the Commitments, after giving effect to the Commitment of each New Bank. Loans made after the effective date of such joinder shall not be subject to the foregoing, and the New Bank shall fund its ratable share thereof in accordance with its commitment. 5. Amendment to Section 9.06(a). Section 9.06(a) hereby is deleted in its entirety and the following is substituted therefor: (a) Any provision of this Agreement, the Notes or any other Loan Documents may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Banks (and, if the rights or duties of the Administrative Agent are affected thereby, by the Administrative Agent); provided that, no such amendment or waiver shall, unless signed by all Banks, (i) change the Commitment of any Bank or subject any Bank to any additional obligation, (ii) reduce the principal of or the rate of interest on any Loan or any fees (other than fees payable to the Administrative A...
Sample 1
Expansion of Facility. Notwithstanding anything in this Lease or in the Contribution Agreement to the contrary, the Landlord shall have no obligation to change or expand the boundaries or dimensions of the Lands. In the event that the Tenant wishes to expand the Facility, such change or expansion shall be at the sole and absolute discretion of the Landlord. The Parties acknowledge that the Tenant may propose a detailed Phase 2 Component Business Plan for consideration and approval by City Council, for the development of a Tower on the Lands. The Parties acknowledge that upon approval by City Council of the Phase 2 Business Plan and requirements for Phase 2 Improvements, the Parties will negotiate an amendment to this Lease to include the requirements for Phase 2 Improvements.
Sample 1
Expansion of Facility. After the Facility is constructed, IMCO (at its sole discretion) may decide to expand the Facility. In such event, IMCO and Alchem shall each make the additional Capital Contributions necessary to pay for their proportionate share of such expansion. In addition, Alchem shall have the right (but not the obligation) to pay for a greater percentage of the expansion than Alchem's then-current Percentage Interest, not to exceed 50% of the costs of such expansion (and subject to the further limitations of Section 2.
Sample 1
Expansion of Facility. At the request of the Borrower, so long as no Default or Event of Default exists, the aggregate amount of the Total Commitment may be increased at any time prior to the Commitment Termination Date to an aggregate amount not in excess of $400,000,000 without any amendment to this Agreement and without consent of the Lenders, by the execution and delivery by any new Lender or increased commitment from any of the existing Lenders (provided, however, that no Lender's Total Commitment may be increased without such Lender's consent), which has been approved by the Borrower and the Agent (a "Joining Lender") of a Lender Joinder Agreement (substantially in the form of Exhibit O). Neither the Agent, the Borrower nor any Credit Party shall have any obligation to offer the increase in the amount of the Total Commitment to the existing Lenders. On the effective date of such joinder: (i) the Agent shall notify all other Lenders thereof, including the name, notice address and amount of Total Commitment of the Joining Lender;
Sample 1
Expansion of Facility. Neither Seller nor any Affiliates thereof shall enter into any‌ contract for the sale of energy, Environmental Attributes or Electrical Products from any addition to or expansion of the Facility, unless and until: (i) Seller shall have first offered in writing (in the form of a proposed contract) to enter into a contract with Buyer on business terms substantially the same, or more favorable to Buyer, as those specified in any bona fide offer from another Person to Seller with respect thereto, which bona fide written offer Seller intends to accept; and (ii) Buyer does not accept such offer within ninety (90) Days after the date presented to Buyer in writing; provided, however, that Seller may not sell energy, Environmental Attributes or Electrical Products from such addition or expansion of the Facility to any other Person(s) for a price and on other material terms more favorable to such Person(s) than those so offered to Buyer. Notwithstanding the foregoing, nothing in this Section 4.10 shall be construed as limiting Seller’s obligations under Section 16.5, and Seller shall not add to or expand the Facility if such addition or expansion would cause Seller to not be in compliance with Section 16.5.
Sample 1
Expansion of Facility. Seller will approve and will not oppose any reasonable expansion plan for the Facility or modification of the Facility proposed by Buyer or a successor or assign of Buyer. Additionally, Seller will provide reasonable assistance requested by Buyer and will cooperate with Buyer in obtaining all approvals, consents, licenses, certificates and permits necessary for the proposed expansion or modification. The parties agree that money damages or other remedies at law would not be a sufficient or adequate remedy for any breach or violation of, or a default under, this Section by Seller and that in addition to all other remedies available, Buyer and CSC shall be entitled, without the necessity to post any bond, to an injunction from a court or pursuant to the dispute resolution procedures set forth in Annex III hereto, in Buyer's discretion, restraining such breach, violation or default or threatened breach, violation or default by Seller and to any other equitable relief against Seller, including without limitation specific performance.
Sample 1
Expansion of Facility. CCOI shall at all times have the right to make Alterations, erect additional improvements, and to remove, remodel, alter, or otherwise change the Facility or any improvements in such manner as shall be satisfactory to CCOI in its sole and absolute discretion, without the necessity for prior notice to or approval of the Authority or the Town.
Sample 1
Expansion of Facility 
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Related to Expansion of Facility

  • Condition of Facilities (i) Use of the Real Property of Purchaser for the various purposes for which it is presently being used is permitted as of right under all Applicable Laws related to zoning and is not subject to “permitted nonconforming” use or structure classifications. All Improvements are in compliance with all Applicable Laws, including those pertaining to zoning, building and the disabled, are in good repair and in good condition, ordinary wear and tear excepted, and are free from latent and patent defects. To the Knowledge of Purchaser, no part of any Improvement encroaches on any real property not included in the Real Property of Purchaser, and there are no buildings, structures, fixtures or other Improvements primarily situated on adjoining property which encroach on any part of the Land. (ii) Each item of Tangible Personal Property is in good repair and good operating condition, ordinary wear and tear excepted, is suitable for immediate use in the Ordinary Course of Business and is free from latent and patent defects. No item of Tangible Personal Property is in need of repair or replacement other than as part of routine maintenance in the Ordinary Course of Business. Except as disclosed in Schedule 5.1(l)(ii), all Tangible Personal Property used in the Purchaser Business is in the possession of Purchaser.

  • Inspection of Facilities In order to meet their respective obligations under this Agreement, any Party may view or inspect facilities owned by another Party. Provided that reasonable notice is given, a Party shall not unreasonably deny access to relevant facilities for viewing or inspection by the requesting Party.

  • No Dedication of Facilities Any undertaking by one Party to the other Party under any provision of this Agreement shall not constitute the dedication of the system or any portion thereof by the Party to the public or to the other Party, and it is understood and agreed that any such undertaking under any provision of this Agreement by a Party shall cease upon the termination of its obligations hereunder.

  • Description of Facility Provide the following information for all units at the Facility, regardless of their RMR designation status. Information regarding units not designated as Reliability Must-Run Units is required only if and to the extent that the information is used to allocate Facility costs between Reliability Must-Run Units and other units. Unit RMR (Y/N) Maximum Net Dependable Capacity (includes CAISO-paid Upgrade capacity)* Fuel Type For this Facility, the Owner will use [insert either MW, MWhs, or service hours] in Schedule B to allocate Annual Fixed Revenue Requirements to and among Units. This election shall be applicable to all Facilities containing Reliability Must Run Units subject to any “RMR contract” as defined in the CAISO Tariff executed by Owner or any of its affiliates as defined in 18 CFR § 161.2. * Maximum Net Dependable Capacity shall reflect any transformer or line loss to the Delivery Point.

  • CONDITIONS OF INITIAL EXTENSION OF CREDIT The obligation of Bank to extend any credit contemplated by this Agreement is subject to the fulfillment to Bank's satisfaction of all of the following conditions:

  • SCOPE, WAIVER AND ALTERATION OF AGREEMENT (1) No agreement, alteration, understanding, variation, waiver or modification of any of the terms and conditions or covenants herein shall be made by any employee or group of employees with the Board unless executed in writing between the parties hereto and the same has been ratified by the Union and the Board. (2) The waiver of any breach or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of the terms and conditions herein. (3) If any Article or Section of this Agreement or any supplement thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article or Section should be restrained by such tribunal, the remainder of this Agreement and supplements shall not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.

  • Termination of Facility (a) Effective from and after the Closing Date, the Borrower may terminate this Agreement upon at least fifteen (15) days’ irrevocable written notice to the Agent and the Lenders, upon (i) the payment in full of all outstanding Loans, together with accrued interest thereon, (ii) the payment of the prepayment fee set forth in clause (c) below, (iii) the payment in full in cash of all other Obligations together with accrued interest thereon, and (iv) with respect to any LIBOR Rate Loans prepaid in connection with such termination prior to the expiration date of the LIBOR Period applicable thereto, the payment of the amounts described in Section 5.4. (b) The Borrower may prepay the outstanding principal amount of the Loans in part upon at least five (5) Business Days’ irrevocable written notice to the Agent and the Lenders specifying the principal amount of such prepayment and the Business Day on which such prepayment shall occur, upon (i) the payment of the prepayment fee set forth in clause (c) below, (ii) the payment of all accrued but unpaid interest in respect of the principal amount of the Loans prepaid and (iii) with respect to any LIBOR Rate Loans prepaid prior to the expiration date of the LIBOR Period applicable thereto, the payment of the amounts described in Section 5.4. (c) If this Agreement is terminated at any time prior to the Stated Termination Date, whether pursuant to this Section or pursuant to Section 11.2, or if the Borrower prepays for any reason (whether voluntarily, pursuant to Section 4.8 or otherwise) any of the outstanding principal amount of the Loans prior to the scheduled date on which such principal amount falls due, the Borrower shall pay to the Agent, for the account of the Lenders, a prepayment fee determined in accordance with the following table: On or prior to September 27, 2003 3.0% of the principal amount of the Loans prepaid (or required to be prepaid) After September 27, 2003 but on or prior to September 27, 2004 2.0% of the principal amount of the Loans prepaid (or required to be prepaid) After September 27, 2004 but on or prior to September 27, 2005 1.0% of the principal amount of the Loans prepaid (or required to be prepaid) (d) All partial prepayments of the Loans shall be applied to the principal installments then remaining in inverse order of maturity.

  • Maintenance of Facilities 5.1 The Network Customer shall maintain its facilities necessary to reliably receive capacity and energy from the Host Transmission Owner’s transmission system consistent with Good Utility Practice. The Transmission Provider or Host Transmission Owner, as appropriate, may curtail service under this Operating Agreement to limit or prevent damage to generating or transmission facilities caused by the Network Customer’s failure to maintain its facilities in accordance with Good Utility Practice, and the Transmission Provider or Host Transmission Owner may seek as a result any appropriate relief from the Commission. 5.2 The Designated Representatives shall establish procedures to coordinate the maintenance schedules, and return to service, of the generating resources and transmission and substation facilities, to the greatest extent practical, to ensure sufficient transmission resources are available to maintain system reliability and reliability of service. 5.3 The Network Customer shall obtain: (1) concurrence from the Transmission Provider before beginning any scheduled maintenance of facilities which could impact the operation of the Transmission System over which transmission service is administered by Transmission Provider; and (2) clearance from the Transmission Provider when the Network Customer is ready to begin maintenance on a transmission line or substation. The Transmission Provider shall coordinate clearances with the Host Transmission Owner. The Network Customer shall notify the Transmission Provider and the Host Transmission Owner as soon as practical at the time when any unscheduled or forced outages occur and again when such unscheduled or forced outages end.

  • Construction of Project 11.1.1 Developer agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Construction Provisions set forth in Exhibit D, including those things reasonably inferred from the Contract Documents as being within the scope of the Project and necessary to produce the stated result even though no mention is made in the Contract Documents.

  • Use of Facility The Facility will be used for the purposes specified in the Recital.