Financing for Modifications Sample Clauses

Financing for Modifications. The Lessee shall give the Grantor Trustee, the Owner Participant and the Indenture Trustee any required notice of a Modification to the Production System pursuant to Section 11.6(b) of the Lease. Upon receipt of such notice, and so long as no Lease Default described in paragraphs (a), (b), (c) or (g) of the definition of Lease Event of Default in Section 15 of the Lease and no Lease Event of Default shall have occurred and be continuing, the Owner Participant shall cause the Lessor to finance the cost of the Lessor's Share of such Modification through the issuance of Additional Notes under the Indenture, on terms and conditions (including additional credit support to the extent required by Section 10.14 after giving effect to any adjustment in Stipulated Loss Value as a result of the issuance of Additional Notes) mutually acceptable to the Owner Participant and the Lessee; provided that any issuance and sale by the Grantor Trustee of Additional Notes shall be in accordance with and subject to the conditions set forth in Section 2.08 of the Indenture (including, without limitation, the condition that such Additional Notes may not rank senior (but may rank pari passu or junior) in any respect to other Secured Notes issued under the Indenture). On the closing date of any Supplemental Financing, the Basic Rent Percentages, Stipulated Loss Value Percentages, Termination Value Percentages, Early Buy-Out Percentages and Fixed Price Purchase Amount shall be adjusted in accordance with Section 4 of the Lease. No Additional Notes may be issued without the prior written consent of the Lessee.
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Financing for Modifications. 87 Section 15. Refunding of Secured Notes............................... 89 15.1. Refunding of Secured Notes............................... 89 15.2. Notice................................................... 93
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Financing for Modifications. The Charterer shall give --------------------------- the Owner Trustee, the Owner Participant and the Indenture Trustee any required notice of a Modification (whether proposed, under construction or already in service) to the Vessel for which it seeks financing from the Owner Trustee pursuant to Section 8(d) of the Charter. Upon receipt of such notice, the Owner Participant shall negotiate with the Charterer in good faith to participate in the financing by the Owner Trustee of the cost of such Modification through an additional equity investment by the Owner Participant and the issuance of Additional Notes under the Indenture, on terms and conditions mutually acceptable to the Owner Participant and the Charterer, and utilizing the available tax benefits of such Modifications and adjusting the Economic Factors in a manner agreed upon by Charterer and Owner Participant at the time of such additional financing; provided that the Owner Participant shall have no -------- obligation to make such an equity investment. In addition, Charterer shall have the right to request the Owner Trustee to issue Additional Notes to finance the cost of Modifications (alone or in combination with additional equity financing). Such Additional Notes will be secured by the Indenture, pari passu ---- ----- with, or subordinate to, the Secured Notes and will not have a maturity extending beyond the Base Charter Term. The Owner Trustee will be required to issue such Additional Notes with respect to the Vessel subject to the satisfaction of the following conditions:
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Financing for Modifications. The Lessee shall give the Lessor, the Owner Participant and the Indenture Trustee any notice of a Modification to the Platform which it wishes to finance as required pursuant to Section 11.6 of the Lease. Upon receipt of such notice and so long as no Significant Default, Lease Event of Default or Indenture Event of Default shall have occurred and be continuing or would result from the proposed financing of such Modification, the Owner Participant shall instruct the Lessor to finance all of the cost of the Lessor’s Share of such Modification through the issuance of Additional Notes under the Indenture, it being understood that the Owner Participant shall be under no obligation to make an equity investment with respect to such Additional Notes and no Loan Participant shall be under any obligation to purchase such Additional Notes (provided that any such financing must be privately placed in the United States and such private placement shall not be in reliance on Rule 144A under the Securities Act), on terms and conditions mutually acceptable to the Owner Participant and the Lessee and upon satisfaction of the following additional conditions:
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Financing for Modifications. 102 SECTION 15. REFUNDING OF SECURED NOTES . . . . . . . . . . .102 15.1 Refunding of Secured Notes. . . . . . . . . . . . .102 15.2 Notice. . . . . . . . . . . . . . . . . . . . . . .105 15.3 Rights of Parties . . . . . . . . . . . . . . . . .105
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Related to Financing for Modifications

  • Waivers; Modifications Except as set forth in a written instrument included in the related Mortgage File, the (A) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A) and/or (B), to an extent or in a manner that in any such event materially interferes with the security intended to be provided by such document or instrument. Schedule III (xxviii) identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to Anthracite Capital, Inc. (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement and/or as to which, since such date, there has been (in writing) a waiver other than as related to routine operational matters or minor covenants.

  • Written Modifications This Agreement may be amended, modified, extended or terminated, and the provisions hereof may be waived, only by an agreement in writing signed by the Company and the Stockholders that hold a majority of the Shares held by all Stockholders: provided, however, that any amendment, modification, extension, termination or waiver (an “Amendment”) shall also require the consent of any Stockholder who would be disproportionately and adversely affected thereby. Each such Amendment shall be binding upon each party hereto and each holder of Shares subject hereto. In addition, each party hereto and each holder of Shares subject hereto may waive any right hereunder by an instrument in writing signed by such party or holder.

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Software Modifications Company may request that BNYM, at Company’s expense, develop modifications to the software constituting a part of the Licensed System that BNYM generally makes available to customers for modification (“Software”) that are required to adapt the Software for Company’s unique business requirements. Such requests, containing the material features and functionalities of all such modifications in reasonable detail, will be submitted by Company in writing to BNYM in accordance with the applicable, commercially reasonable procedures maintained by BNYM at the time of the request. Company shall be solely responsible for preparing, reviewing and verifying the accuracy and completeness of the business specifications and requirements relied upon by BNYM to estimate, design and develop such modifications to the Software. BNYM shall have no obligation to develop modifications to the Licensed System requested by Company, but may in its discretion agree to develop requested modifications which it, in its sole discretion, reasonably determines it can accomplish with existing resources or with readily obtainable resources without disruption of normal business operations provided Company agrees at such time in writing to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification. BNYM shall be obligated to develop modifications under this Section 2.16 only upon the execution of and in accordance with a writing containing, to BNYM’s reasonable satisfaction, all necessary business and technical terms, specifications and requirements for the modification as determined by BNYM in its sole judgment (“Customization Order”) and Company’s agreement to pay all costs and expenses, including out-of-pocket expenses, associated with the customized modification (“Customization Fee Agreement”). All modifications developed and incorporated into the Licensed System pursuant to a Customization Order are referred to herein as “Company Modifications”. BNYM may make Company Modifications available to all users of the Licensed System, including BNYM, at any time after implementation of the particular Company Modification and any entitlement of Company to reimbursement on account of such action must be contained in the Customization Fee Agreement.

  • Custom Modifications In the event the Fund desires custom modifications in connection with its use of the System, the Fund shall make a written request to State Street providing specifications for the desired modification. Any custom modifications may be undertaken by State Street in its sole discretion in accordance with the Fee Schedule.

  • Waivers and Modifications The failure of any Party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other breach of such provision or any other provision on such occasion or any succeeding occasion. No waiver, modification, release or amendment of any obligation under or provision of this Agreement shall be valid or effective unless in writing and signed by all Parties hereto.

  • Amendments; Waivers; Modifications This Security Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 9.1 of the Credit Agreement.

  • Amendments; Modifications Neither this Agreement nor any term or provision in it may be changed, waived, discharged, rescinded or terminated orally, but only by an agreement in writing signed by the party against whom or which the enforcement of the change, waiver, discharge, rescission or termination is sought.

  • Account Modifications Neither the Financial Institution nor the Grantor will change the name or account number of any Collateral Account without the prior written consent of the Secured Party.

  • Optional Modifications Lessee at any time may or may permit a Sublessee to, in its discretion and at its own or such Sublessee's cost and expense, modify, alter or improve any Unit in a manner which is not required by Section 9.1 (a "Modification"); provided that no Modification (i) shall diminish the fair market value, residual value, utility or remaining economic useful life of such Unit below the fair market value, residual value, utility or remaining economic useful life thereof immediately prior to such Modification, in more than a de minimis respect, assuming such Unit was then at least in the condition required to be maintained by the terms of this Lease or (ii) cause such Unit to become "limited use property" within the meaning of Revenue Procedure 2001-28 or Revenue Procedure 2001-29. Title to any Non-Severable Modification shall be immediately vested in Lessor. Title to any Severable Modification (other than Required Modifications) shall remain with Lessee or the Sublessee as applicable. If Lessee shall at its cost cause such Severable Modifications (other than Required Modifications) to be made to any Unit, Lessor shall have the right, upon 90 days prior written notice in the case of the return of such Unit pursuant to Section 6.1, to purchase any such Severable Modifications (other than Severable Modifications consisting of proprietary or communications equipment) title to which is held by Lessee at their then Fair Market Sales Value (taking into account their actual condition). If Lessor does not so elect to purchase such Severable Modifications, Lessee may remove such Severable Modifications at Lessee's cost and expense, and if requested (which request shall be made by not less than 90 days prior written notice in the case of a return other than pursuant to Section 15.6) by Lessor will so remove such Severable Modifications at Lessee's cost and expense, and Lessee shall, at its expense, repair any damage resulting from the removal of any such Severable Modifications in a manner consistent with Section 8.1; provided that such removal shall not (i) diminish the fair market value, residual value, utility or remaining economic useful life of the Unit to which such Severable Modifications relate below the fair market value, residual value, utility or remaining economic useful life thereof immediately prior to the addition of such Severable Modifications, in more than a de minimis respect, assuming such Unit was then at least in the condition required to be maintained by the terms of this Lease or (ii) cause such Unit to become "limited use property" within the meaning of Revenue Procedure 2001-28 or Revenue Procedure 2001-29. If Lessee has not removed any Severable Modification prior to the return of the related Unit as provided herein, title to such Severable Modification shall pass to Lessor as of the date of such return.

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