Expansion of the Facility Sample Clauses

Expansion of the Facility. Seller, or any Affiliates thereof, shall not enter into any contract for the sale of solar energy or Electrical Products from any addition to or expansion of the Facility, until and unless (i) Seller shall have first offered in writing (in the form of a proposal contract) to enter into a contract with Georgia Power on business terms substantially the same, or more favorable to Georgia Power, as those specified in a) any proposal or letter of intent between Seller and any other party with respect thereto or b) this Agreement, and (ii) Georgia Power does not accept such offer within sixty (60) Days of the date presented to Georgia Power in writing (or such shorter period of time as is appropriate to the term and type of sale contemplated by Xxxxxx) and including a notice to Seller that Georgia Power is ready and willing to enter into a contract reflecting such business terms within ninety (90) Days thereafter (or such shorter period of time as is appropriate to the term and type of sale contemplated by Xxxxxx). For the avoidance of doubt, nothing in this Section 7.5 shall be construed to abrogate the obligation to sell and purchase renewable energy pursuant to PURPA.
Sample 1
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Expansion of the Facility. The Parties agree that expansion of the Facility is solely Xxxxx’x responsibility. Xxxxx will cause the expansion of the Facility on the Site to be carried out in accordance with all applicable State and local laws and regulations, and completed to Beneficial Occupancy. The Facility will not encroach upon nor overhang upon any easement or right of way. The Facility will be located wholly within any applicable building restriction lines, however established, and will not violate restrictions contained in prior conveyances or applicable protective covenants or restrictions.
Sample 1
Expansion of the Facility. The Joint Project Agreement contemplates that the Company and PG&E, either jointly or separately, may expand the Facility (subject to applicable regulatory requirements) beyond the current capacity of 20 Bcf through the development of another discrete formation of the storage field (the “Expansion Facility”). The overall ownership interest of each of Xxxx Ranch and PG&E in the Facility and the Expansion Facility may be adjusted based on the revised allocation of the aggregate working capacity of the Facility and the Expansion Facility upon the commercial operation of the Expansion Facility. The Company’s 75% interest in the 20 Bcf of the storage capacity of the Facility and the associated costs and revenues shall not be affected, unless the total storage capacity of the Facility is expanded, in which case its interest will be increased or diluted based on whether the Company elects to participate in the Expansion Facility and only if additional capacity is added. Based upon the foregoing, the Purchasers agree that, in the event an Expansion Facility is commenced, the Company may provide for the execution of a common facilities agreement or other similar arrangement with an affiliate seeking to develop the Expansion Facility; provided that any Indebtedness incurred in connection with the development of the Expansion Facility shall be subject to the requirements of Sections 9.11, 10.1 and 10.3 hereof.
Sample 1
Expansion of the Facility. The Facility shall have a maximum initial waste processing capacity to: (i) process waste produced by up to 720,000 Layers on a daily basis, and (ii) supply electricity up to 0.8 megawatt per hour on a daily basis. CAPL undertakes to increase the amount of waste supplied by the Farm to beyond 720,000 Layers (but not exceeding 1,500,000 Layers) (the “Expansion”) on a daily basis within five years from the date of the Agreement. The Expansion will be subject to further negotiations between the Parties and further announcements will be made by the Company, where necessary.
Sample 1

Related to Expansion of the Facility

  • 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:

  • Condition of the Leased Property Lessee acknowledges receipt and delivery of possession of the Leased Property. Lessee has examined and otherwise has knowledge of the condition of the Leased Property and has found the same to be satisfactory for its purposes hereunder. Lessee is leasing the Leased Property “as is” in its present condition. Lessee waives any claim or action against Lessor in respect of the condition of the Leased Property. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, IN RESPECT OF THE LEASED PROPERTY, OR ANY PART THEREOF, EITHER AS TO ITS FITNESS FOR USE, DESIGN OR CONDITION FOR ANY PARTICULAR USE OR PURPOSE OR OTHERWISE, AS TO THE QUALITY OF THE MATERIAL OR WORKMANSHIP THEREIN, LATENT OR PATENT, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. LESSEE ACKNOWLEDGES THAT THE LEASED PROPERTY HAS BEEN INSPECTED BY LESSEE AND IS SATISFACTORY TO IT. Provided, however, to the extent permitted by law, Lessor hereby assigns to Lessee all of Lessor’s rights to proceed against any predecessor in title (other than any Affiliate of Lessee, which conveyed the Property to Lessor) for breaches of warranties or representations or for latent defects in the Leased Property. Lessor shall fully cooperate with Lessee in the prosecution of any such claim, in Lessor’s or Lessee’s name, all at Lessee’s sole cost and expense. Lessee hereby agrees to indemnify, defend and hold harmless Lessor from and against any claims, obligations and liabilities against or incurred by Lessor in connection with such cooperation.

  • CONDITIONS OF EACH EXTENSION OF CREDIT The obligation of Bank to make each extension of credit requested by Borrower hereunder shall be subject to the fulfillment to Bank's satisfaction of each of the following conditions:

  • Conditions to Borrowing The Bank will not be obligated to make (or continue to make) advances hereunder unless (i) the Bank has received executed originals of the Note and all other documents or agreements applicable to the loans described herein, including but not limited to the documents specified in Article III (collectively with this Agreement the “Loan Documents”), in form and content satisfactory to the Bank; (ii) if the loan is secured, the Bank has received confirmation satisfactory to it that the Bank has a properly perfected security interest, mortgage or lien, with the proper priority; (iii) the Bank has received certified copies of the Borrower’s governance documents and certification of entity status satisfactory to the Bank and all other relevant documents; (iv) the Bank has received a certified copy of a resolution or authorization in form and content satisfactory to the Bank authorizing the loan and all acts contemplated by this Agreement and all related documents, and confirmation of proper authorization of all guaranties and other acts of third parties contemplated hereunder; (v) if required by the Bank, the Bank has been provided with an Opinion of the Borrower’s counsel in form and content satisfactory to the Bank confirming the matters outlined in Section 2.2 and such other matters as the Bank requests; (vi) no default exists under this Agreement or under any other Loan Documents, or under any other agreements by and between the Borrower and the Bank; and (vii) all proceedings taken in connection with the transactions contemplated by this Agreement (including any required environmental assessments), and all instruments, authorizations and other documents applicable thereto, are satisfactory to the Bank and its counsel.

  • Construction of the Improvements Once development of the Property has commenced, the construction of the Improvements shall be pursued with due diligence and continuity, in a good and workmanlike manner, and in accordance with sound building and engineering practices, all applicable governmental requirements, and the Development Plan. Borrower shall not permit cessation of work for a period in excess of thirty (30) days during any period of time during which development on the Property is scheduled to be performed without the prior written consent of Lender, which may be given or withheld in Lender’s sole discretion, except for delays due to strikes, riots, acts of God, war, unavailability of labor or materials, governmental laws, regulations or restrictions and Borrower shall promptly notify Lender of any such delays; provided, however, that in no event shall work cease for a period in excess of sixty (60) days regardless of the cause. Borrower shall cause all materials supplied for, or intended to be utilized in, the development of any part of the Property, but not affixed to or incorporated into the Property, to be stored on the Property or at such other location as may be approved by Lender in writing, with adequate safeguards, as required by Lender, to prevent loss, theft, damage, or commingling with other materials or projects.

  • Conditions to Initial Extension of Credit The agreement of each Lender to make the initial extension of credit requested to be made by it is subject to the satisfaction, prior to or concurrently with the making of such extension of credit on the Closing Date, of the following conditions precedent:

  • Conditions of Initial Borrowing The obligation of each Lender to make its initial Borrowing hereunder is subject to satisfaction of the following conditions precedent:

  • Conditions to Each Extension of Credit The agreement of each Lender to make any extension of credit requested to be made by it on any date (including its initial extension of credit) is subject to the satisfaction of the following conditions precedent:

  • Conditions of Loan Each loan to a Member under the Plan shall be repaid in level monthly amounts through regular payroll deductions after the effective date of the loan, and continuing thereafter with each payroll. Except as otherwise required by the Code and the IRS Regulations, each loan shall have a repayment period of not less than 12 months and not in excess of 60 months, unless the purpose of the loan is for the purchase of a primary residence, in which case the loan may be for not more than 180 months. After the first 3 monthly payments of the loan have been satisfied, the Member may pay the outstanding loan balance (including accrued interest from the due date). The rate of interest for the term of the loan will be established as of the loan date, and will be the Xxxxxx’x Prime Rate (base rate) plus 1% as published on the last Saturday of the preceding month, or such other rate as may be required by applicable law and determined by reference to the prevailing interest rate charged by commercial lenders under similar circumstances. The applicable rate would then be in effect through the last business day of the month. Repayment of all loans under the Plan shall be secured by 50% of the Member’s vested interest in his Account, determined as of the origination of such loan.

  • Condition of the Premises Tenant has examined the Premises, including the appliances and fixtures ( and furnishings), and acknowledges that they are in good condition and repair, normal wear and tear excepted, and accepts them in its current condition, except for:

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