Final Investment Decision Sample Clauses

Final Investment Decision or FID means a formal decision by the Proponent as to whether to proceed with the development and operation of the Project;
Sample 1Sample 2
AutoNDA by SimpleDocs
Final Investment Decision. At any time prior to the earlier to occur of (a) the date that is 30 Days after the FERC’s issuance of its final Environmental Impact Study related to the Facilities and (b) December 31, 2016, Con Edison shall have the option (the “Con Edison Termination Option”), exercisable in its sole discretion, to (a) re-assign its Membership Interests to EQT and USG pro rata based on the amounts by which EQT and USG were diluted in connection with their respective assignments of such Membership Interests to Con Edison and (b) be reimbursed (without interest) by EQT and USG (based on the same proportion by which the Membership Interests are re-assigned pursuant to clause (a) of this Section 14.17) for the amount of all Capital Contributions made by Con Edison in respect of such Membership Interests.”
Sample 1Sample 2
Final Investment Decision. (a) A decision to proceed to undertake the Project (FID) requires the unanimous approval of all Participants, and may be given or withheld in the absolute discretion of each Participant. (b) The Operator must provide to all Participants all such information as the Participants reasonably require to enable them to make a positive FID including but not limited to: (i) by no later than 21 December 2010 the cost- estimate and schedule with associated risk assessment and project execution plan including detailed up-to-date contracting strategy and construction plan used to develop the cost-estimate and schedule; (ii) completion of FEED to the satisfaction of the Participants including provision of FEED products such as final cost control estimate with an accuracy of plus or minus 10%; (iii) the Operator has provided to the Participants such reports and other information which demonstrates that the Elk and Antelope Fields are of a sufficient scale so as to be able to supply Feed Gas (as defined in the Gas Processing Agreement) for processing under the Gas Processing Agreement and in respect of the proposed development and operation of a plant for the liquefaction of gas produced at the Elk and Antelope Fields; (iv) evidence that the Elk and Antelope Upstream Joint Venture has made a final investment decision in respect of the development of gas production and transportation facilities sufficient to supply Feed Gas (as defined in the Gas Processing Agreement); (v) any other expert’s reports obtained for the Elk and Antelope Upstream Joint Venture and which are relevant to FID; (vi) the Project Agreements; (vii) a draft Project Implementation Plan; (viii) a financing plan; and (ix) all material Governmental Consents necessary to enable the Plant to be constructed and operated as planned. (c) The Participants must consider the material supplied by the Operator under clause 11.3(b) and must within 40 Business Days of receipt the material referred to in clause 11.3(b) and a written request from the Operator (or such further period as the Participants may agree) either make a positive FID or decline to do so. (d) At any time during the time period specified in clause 11.3(c), the Participants may request the Operator to amend any of the documents provided by the Operator under clause 11.3(a) if the documents are not in a satisfactory form to enable the Participants to either make a positive FID or decline to do so. The Operator must comply with any request made by the...
Sample 1
Final Investment Decision. (a) If, within 45 days following satisfaction of all of the Conditions, each of SUMITOMO and STRATHMORE determines that the Company should pursue Development of the Roca Honda Property pursuant to the terms and conditions of this Agreement, each Member shall be deemed to have made a “Positive Final Investment Decision,” subject to the satisfaction of the items set forth in subsection (b) below, it being understood that if any of the items set forth in subsection (b) cannot be satisfied, SUMITOMO shall have the right to revoke in writing their Positive Final Investment Decision, such right to be exercised within 30 days after STRATHMORE gives notice that one or more such Conditions cannot be satisfied. (b) If a Positive Final Investment Decision is made by each of SUMITOMO and STRATHMORE, subject to the approval of the board of directors of each Member, then, on a date to be agreed by the Members (or, if not agreed, a date which is 30 days following the date of the Positive Final Investment Decision), the following shall occur (the “Closing”): (i) the Company shall enter into a Sales and Marketing Agreement with SCC or SCC’s parent company, as determined by SCC; (ii) the Company shall enter into the Tolling Agreement with the owner or operator of the uranium ore processing mill mutually agreed upon by the Members; (iii) SUMITOMO shall agree in writing to make the Lump-sum Contribution pursuant to the terms of Section 3.1(c); and (iv) the Manager shall execute and deliver the Project Construction Contracts and authorize the contractors thereunder to commence work. (c) Prior to a Positive Final Investment Decision by SUMITOMO, (i) SUMITOMO shall have the unilateral right in their sole discretion to withdraw from the Company by Notice to STRATHMORE of the effective date of such withdrawal, or (ii) the Members may unanimously agree to no longer pursue Development of the Roca Honda Property. In either such event, SUMITOMO shall be deemed resigning Members and subject to Section 18.3(b).
Sample 1
Final Investment Decision or FID means a formal decision by the Proponent as to whether to proceed with the development and operation of the Project; IPP means an industry participation plan developed in accordance with clause 8; NT EPA means the Northern Territory Environment Protection Authority, established by the Northern Territory Environment Protection Authority Act (NT); Party or Parties means, depending on the context, the Territory, the Proponent, or both; Project means [insert Project Description]; and
Sample 1
Final Investment Decision. The board of directors of Investor Parent shall have made a final investment decision affirming Investor Parent’s commitment to proceed with the Project based on, among other matters, the Approved Feasibility Study, within eight (8) weeks of delivery to Investor Parent of the Approved Feasibility Study.” (g) Section 2.3 of the Agreement is hereby amended by adding new Section 2.3(g), Section 2.3(h), Section 2.3(i) and Section 2.3(j) of the Agreement, which shall appear in their respective corresponding location immediately following Section 2.3(f) of the Agreement, and which shall read as follows:
Sample 1
Final Investment Decision. (i) Following the delivery of an Exercise Notice, the Parties shall use their commercially reasonable efforts to continue to pursue the development, construction, installation or acquisition of the applicable Project. (ii) At any time prior to Final Investment Decision with respect to a Project for which an Exercise Notice has been delivered and not rescinded, either Party shall have the right to terminate its participation in such Project upon 30 days’ prior written notice to the other Party if such Party determines, in good faith, that its continued participation is commercially unreasonable or the Project is not commercially viable; provided, that the Party so terminating shall not then pursue such Project without fully complying with this Section 3 in connection therewith. To the extent that any Party determines to terminate its participation, the other Party may freely pursue the Project. In addition, to the extent that OpCo terminates its participation, then OpCo will license Cottonmouth the Verde Proprietary Technology for the applicable Project at then market rates. (iii) Any Costs related to a Project incurred by either Party after the Notice Deadline and through Final Investment Decision shall be split in proportion to each Party’s Percentage Interest in the Project; provided, however, that if a Party determines to terminate its participation in a Project as set forth in clause (ii) above, then such Party shall not be obligated to reimburse the other Party for any Costs the other Party incurs following such termination.
Sample 1
AutoNDA by SimpleDocs
Final Investment Decision. (a) If a Positive Preliminary Investment Decision has been made, then at such time as the Permit Date shall occur, the Manager shall as promptly as is feasible deliver to the Members a Program and Budget for the period from the Permit Date until the projected date on which CPC is expected to occur (the “Development Program and Budget”) together with a conveyance of the Property and Assets contingent on the occurrence of Financial Closing. The Manager shall set a meeting of Members to occur not less than 120 days after delivery of the Development Program and Budget and such conveyance for the purpose of making a Final Investment Decision. (b) At the Final Investment Decision meeting (as it may be adjourned), the Members shall simultaneously exchange written ballots regarding their final decision with respect to the Final Investment Decision. If at such meeting the Members unanimously agree to pursue Development of the Property in accordance with the Development Program and Budget and subject to the terms and conditions of this Agreement (as this Agreement and the Development Program and Budget may be amended by the Members at such meeting), the Members shall be deemed to have made a “Positive Final Investment Decision,” subject only to the occurrence of the Financial Closing as set forth in Section 12.5(a) below.
Sample 1

Related to Final Investment Decision

  • Investment Decision The Purchaser understands that nothing in the Agreement or any other materials presented to the Purchaser in connection with the purchase and sale of the Shares constitutes legal, tax or investment advice. The Purchaser has consulted such legal, tax and investment advisors as it, in its sole discretion, has deemed necessary or appropriate in connection with its purchase of the Shares.

  • Investment Decisions The Subadviser shall determine from time to time what investments and securities will be purchased, retained, sold or loaned by the Series, and what portion of such assets will be invested or held uninvested as cash.

  • Independent Investment Decision Such Purchaser has independently evaluated the merits of its decision to purchase the Shares pursuant to the Agreement, and such Purchaser confirms that it has not relied on the advice of any other Purchaser’s business and/or legal counsel in making such decision. Such Purchaser has not relied on the business or legal advice of the Company or any of its agents, counsel or Affiliates in making its investment decision hereunder, and confirms that none of such Persons has made any representations or warranties to such Purchaser in connection with the transactions contemplated by the Transaction Documents.

  • Automated decisions For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when: a) i. such decisions are made by the data importer in entering into or performing a contract with the data subject, and

  • Independent Investment No Purchaser has agreed to act with any other Purchaser for the purpose of acquiring, holding, voting or disposing of the Securities purchased hereunder for purposes of Section 13(d) under the Exchange Act, and each Purchaser is acting independently with respect to its investment in the Securities.

  • Settlement Class Certification The Settling Parties agree, for purposes of this settlement only, to the certification of the Settlement Class. If the settlement set forth in this Settlement Agreement is not approved by the Court, or if the Settlement Agreement is terminated or cancelled pursuant to the terms of this Settlement Agreement, this Settlement Agreement, and the certification of the Settlement Class provided for herein, will be vacated and the Litigation shall proceed as though the Settlement Class had never been certified, without prejudice to any Person’s or Settling Party’s position on the issue of class certification or any other issue. The Settling Parties’ agreement to the certification of the Settlement Class is also without prejudice to any position asserted by the Settling Parties in any other proceeding, case or action, as to which all of their rights are specifically preserved.

  • Investment Experience Holder understands that the purchase of this Warrant and its underlying securities involves substantial risk. Holder has experience as an investor in securities of companies in the development stage and acknowledges that Holder can bear the economic risk of such Holder’s investment in this Warrant and its underlying securities and has such knowledge and experience in financial or business matters that Holder is capable of evaluating the merits and risks of its investment in this Warrant and its underlying securities and/or has a preexisting personal or business relationship with the Company and certain of its officers, directors or controlling persons of a nature and duration that enables Holder to be aware of the character, business acumen and financial circumstances of such persons.

  • Registered Investment Adviser The Sub-Adviser (i) is duly registered as an investment adviser under the Advisers Act and will continue to be so registered for so long as this Agreement remains in effect; (ii) is not prohibited by the 1940 Act or the Advisers Act from performing the services contemplated by this Agreement; (iii) has appointed a Chief Compliance Officer under Rule 206(4)-7 under the Advisers Act; (iv) has adopted written policies and procedures that are reasonably designed to prevent violations of the Advisers Act from occurring, and correct promptly any violations that have occurred, and will provide notice promptly to the Adviser of any material violations relating to the Fund; (v) has materially met and will seek to continue to meet for so long as this Agreement remains in effect, any other applicable federal or state requirements, or the applicable requirements of any regulatory or industry self-regulatory agency; and (vi) will promptly notify the Adviser of the occurrence of any event that would disqualify the Sub-Adviser from serving as an investment adviser of a registered investment company pursuant to Section 9(a) of the 1940 Act.

  • Independent Decision The Investor is not relying on the Issuer or on any legal or other opinion in the materials reviewed by the Investor with respect to the financial or tax considerations of the Investor relating to its investment in the Shares. The Investor has relied solely on the representations and warranties, covenants and agreements of the Issuer in this Agreement (including the exhibits and schedules hereto) and on its examination and independent investigation in making its decision to acquire the Shares.

  • Investment Representation The Holder hereby represents and covenants that (a) any share of Stock acquired upon the vesting of the Award will be acquired for investment and not with a view to the distribution thereof within the meaning of the Securities Act of 1933, as amended (the “Securities Act”), unless such acquisition has been registered under the Securities Act and any applicable state securities laws; (b) any subsequent sale of any such shares shall be made either pursuant to an effective registration statement under the Securities Act and any applicable state securities laws, or pursuant to an exemption from registration under the Securities Act and such state securities laws; and (c) if requested by the Company, the Holder shall submit a written statement, in form satisfactory to the Company, to the effect that such representation (x) is true and correct as of the date of vesting of any shares of Stock hereunder or (y) is true and correct as of the date of any sale of any such share, as applicable. As a further condition precedent to the delivery to the Holder of any shares of Stock subject to the Award, the Holder shall comply with all regulations and requirements of any regulatory authority having control of or supervision over the issuance or delivery of the shares and, in connection therewith, shall execute any documents which the Board shall in its sole discretion deem necessary or advisable.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!