Expansion of Facility. At the request of the Parent, 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 $300,000,000 without any amendment to this Agreement and without consent of the Banks, by the execution and delivery by any new Bank which has been approved by the Parent and the Co-Lead Arrangers (a "Joining Bank") of a Bank Joinder Agreement. On the effective date of such joinder: (i) the Administrative Agent shall notify all other Banks thereof, including the name, notice address and amount of Commitment of the Joining Bank; (ii) each of the Borrowers shall execute and deliver to the Administrative Agent, for re-delivery to the Banks, as appropriate, a Syndicated Loan Note payable to the Joining Bank in the amount of its Commitment, and a New Money Market Loan Note payable to each Bank in the amount of the Money Market Limit, after giving effect to such joinder; and (iii) the Joining 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 the Joining Bank) will have risk for such existing Loans equal to its pro rata share of the Commitments, after giving effect to the Commitment of the Joining Bank. Loans made after the effective date of such joinder shall not be subject to the foregoing, and the Joining Bank shall fund its ratable share thereof in accordance with its commitment.
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.
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.
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 2.5). If Alchem pays for such greater percentage, the Processing Agreement shall be amended so that the Minimum Annual Quantity (initially, 60 million pounds) and the Commitment Amount (initially, 72 million pounds) are increased. The amount of the increase shall be an amount necessary to supply a percentage of the increased annual processing capacity resulting from such expansion, which percentage shall be equal to the percentage of additional Capital Contributions made by Alchem for such expansion. (For example, if Alchem decides to make 50% of the additional Capital Contributions needed for expansion of the Facility, Alchem's Minimum Annual Quantity and Commitment Amount would each be increased by 50% of the increase in the processing capacity of the Facility.) If the Facility is expanded, the Members will execute an amendment to this Agreement setting forth (i) each Member's agreement to contribute additional capital and (ii) each Member's adjusted Percentage Interest.
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; (ii) the Borrower shall execute and deliver to the Agent for re-delivery to the Lender, as appropriate, a Revolving Note payable to the Joining Lender in the amount of its Total Commitment, after giving effect to such joinder; and (iii) the Joining Lender shall purchase from each other Lender a pro rata participation in such other Lender's existing Revolving Loans, including in any right of payment pursuant to Section 6.5 with respect thereto, so that, after giving effect thereto, each Lender's Total Commitment Percentage and Revolving Commitment Percentage will be revised to account for such increase in the Total Commitment and each Lender (including the Joining Lender) will have risk for such existing Loans and Reimbursement Obligations (other than Competitive Bid Loans) equal to its revised Revolving Commitment Percentage and Total Commitment Percentage. Loans made after the effective date of such joinder shall not be subject to the foregoing, and the Joining Lender shall fund its share thereof in accordance with its Total Commitment.
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.
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.
Expansion of Facility
