Financing Documents; Interest Margin Savings Sample Clauses

Financing Documents; Interest Margin Savings. (a) In case the Termination Notice is issued, the Seller shall deliver to AEDB copies of the Financing Documents and all amendments thereto (duly certified by the Agent as to accuracy and completeness) and including the originally executed principal repayment schedule at Financial Closing together with all revisions thereto that provides for debt repayment, the maximum principal amounts and interest (or markup) rate or rates and any schedules or formulae included in the Financing Documents for the computation of principal and interest (or markup), fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents, and identifying the actual equity contributions, individually and in total, of the Investors. The Seller covenants that each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Seller from its EPC Contractor for capacity or other testing shortfalls shall be used either to reduce or pay the outstanding amount of debt under such loan agreement or in an effort to remedy such shortfalls or to make payments required under the Energy Purchase Agreement, if any. (b) If the actual interest margin over LIBOR or KIBOR (or other interest rate indices) contracted by the Seller under the Financing Documents at Financial Closing is lower than the Reference Interest Margin or if the margin over LIBOR or KIBOR (or other interest rate indices) under the Financing Documents (including by re-financing) is subsequently reduced below the Reference Interest Margin (“Interest Margin Savings”), the Seller shall forthwith and without delay notify the Interest Margin Savings in writing to AEDB and the Purchaser and thereupon: (i) the Interest Charges Component shall be reduced by an amount that represents sixty percent (60%) of the Interest Margin Savings; (ii) the Energy Purchase Agreement shall be amended to reflect such reduction in the Interest Charges Component to the extent relevant or applicable to all payment obligations of the Purchaser under the Energy Purchase Agreement (including, without limitation, under Article VI, Article VIII, Article XV and Schedule 1 of the Energy Purchase Agreement); and (iii) any payment obligations of the GOP under this Agreement and the Guarantee, including the obligation to pay Compensation Amounts under Article XV and Schedule 2 of this Agreement, shall be based on and shall reflect such reduction in the Inter...
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Financing Documents; Interest Margin Savings. (a) In case the Termination Notice is issued, the Seller shall deliver to AEDB copies of the Financing Documents and all amendments thereto (duly certified by the Agent as to accuracy and completeness) and including the originally executed principal repayment schedule at Financial Closing together with all revisions thereto that provides for debt repayment, the maximum principal amounts and interest (or markup) rate or rates and any schedules or formulae included in the Financing Documents for the computation of principal and interest (or markup), fees and charges payable to the Lenders upon the winding up for early termination of the loans under the Financing Documents, and identifying the actual equity contributions, individually and in total, of the Investors. The Seller covenants that each loan agreement constituting part of the Financing Documents will provide that any liquidated damages received by the Seller from its EPC Contractor for capacity or other testing shortfalls shall be used either to reduce or pay the outstanding amount of debt under such loan agreement or in an effort to remedy such shortfalls or to make payments required under the Energy Purchase Agreement, if any.
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Related to Financing Documents; Interest Margin Savings

  • Loan Documents, etc Each of the Loan Documents shall have been duly executed and delivered by the respective parties thereto, shall be in full force and effect and shall be in form and substance satisfactory to each of the Lenders. Each Lender shall have received a fully executed copy of each such document.

  • Senior Loan Documents The executed Senior Loan Documents are the same forms as approved by HUD prior to the date of this Agreement. Upon execution and delivery of the Senior Loan Documents, Borrower shall deliver to Subordinate Lender an executed copy of each of the Senior Loan Documents, certified to be true, correct and complete.

  • Financing Documents As of the Closing Date, Project Lender and the applicable City Bodies shall have approved the form and substance of the Multi-Party Agreement, the Project Loan Documents, and any additional documents relating to the Project Loan. On the Closing Date, the Project Loan shall be closed and, in connection therewith, the Multi-Party Agreement, the Project Loan Documents, and any additional documents relating thereto shall be fully executed by all parties thereto.

  • Facility Documents The Facility Documents, duly executed by the parties thereto;

  • Secured Cash Management Agreements and Secured Hedge Agreements Except as otherwise expressly set forth herein, no Cash Management Bank or Hedge Bank that obtains the benefit of the provisions of Section 8.03, the Guaranty or any Collateral by virtue of the provisions hereof or any Collateral Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) (or to notice of or to consent to any amendment, waiver or modification of the provisions hereof or of the Guaranty or any Collateral Document) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article IX to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Secured Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be. The Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements in the case of a Facility Termination Date.

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • Execution of Credit Agreement; Loan Documents The Administrative Agent shall have received (i) counterparts of this Agreement, executed by a Responsible Officer of each Loan Party and a duly authorized officer of each Lender, (ii) for the account of each Lender requesting a Note, a Note executed by a Responsible Officer of the Borrower, (iii) counterparts of the Security Agreement and each other Collateral Document, executed by a Responsible Officer of the applicable Loan Parties and a duly authorized officer of each other Person party thereto, as applicable and (iv) counterparts of any other Loan Document, executed by a Responsible Officer of the applicable Loan Party and a duly authorized officer of each other Person party thereto.

  • Loan Facility Upon a request by the Borrower pursuant to Section 2.02, and on the terms and subject to the conditions hereinafter set forth, the Conduit Lenders, ratably, in accordance with the aggregate of the Commitments of the Related Committed Lenders with respect to each such Conduit Lender, severally and not jointly, may, in their sole discretion, make Loans to the Borrower on a revolving basis, and if and to the extent any Conduit Lender does not make any such requested Loan or if any Group does not include a Conduit Lender, the Related Committed Lender(s) for such Conduit Lender or the Committed Lender for such Group, as the case may be, shall, ratably in accordance with their respective Commitments, severally and not jointly, make such Loans to the Borrower, in either case, from time to time during the period from the Closing Date to the Termination Date. Under no circumstances shall any Lender be obligated to make any such Loan if, after giving effect to such Loan: (i) the Aggregate Capital would exceed the Facility Limit at such time; (ii) the sum of (A) the Capital of such Lender, plus (B) the aggregate outstanding Capital of each other Lender in its Group, would exceed the Group Commitment of such Lender’s Group; (iii) if such Lender is a Committed Lender, the aggregate outstanding Capital of such Committed Lender would exceed its Commitment; or (iv) the Aggregate Capital would exceed the Borrowing Base at such time.

  • Required Loan Documents The Collateral Custodian will not dispose of any documents constituting the Required Loan Documents in any manner that is inconsistent with the performance of its obligations as the Collateral Custodian pursuant to this Agreement and will not dispose of any Collateral Portfolio except as contemplated by this Agreement.

  • The Credit Facility 2.1 The Revolving Credit Facility Each Lender severally agrees, on the terms and conditions set forth herein, to make loans to the Borrower (each such loan, a “Revolving Loan”) from time to time on any Business Day during the period from the Closing Date to the Revolving Termination Date, in an aggregate amount not to exceed at any time outstanding, together with the principal amount of Term Loans outstanding in favor of such Lender at such time, the amount set forth next to such Lender’s name on Schedule 1 (such amount together with the Lender’s Pro Rata Share of the Term Commitment, as the same may be reduced under Section 2.10 or as a result of one or more assignments under Section 10.8, the Lender’s “Commitment”); provided, however, that, after giving effect to any Borrowing of Revolving Loans, the Effective Amount of all outstanding Revolving Loans shall not at any time exceed the combined Commitments; and provided further that the Effective Amount of the Revolving Loans, together with all Term Loans outstanding at such time, of any Lender shall not at any time exceed such Lender’s Commitment. Within the limits of each Lender’s Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow under this Section 2.1, prepay under Section 3.3 and reborrow under this Section 2.1.

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