Financing Funds Clause Samples

The Financing Funds clause defines the terms and conditions under which funds are provided or made available for a specific project or transaction. Typically, this clause outlines the sources of financing, the timing and method of fund disbursement, and any requirements or conditions that must be met before funds are released. For example, it may specify that funds will be provided in installments upon completion of certain project milestones or upon submission of required documentation. The core practical function of this clause is to ensure that all parties have a clear understanding of how and when financing will be provided, thereby reducing the risk of misunderstandings or disputes related to funding.
Financing Funds a. Each Tax Equity Financing Document to which any Tax Equity Party is a party is a legal, valid and binding obligation of such Tax Equity Party, enforceable against such Tax Equity Party in accordance with its terms, except as such enforceability may be limited in the future by applicable bankruptcy, reorganization, insolvency, moratorium or other laws affecting creditors’ rights generally, and except as such enforceability may be limited in the future by general principles of equity (whether considered in a suit at law or in equity). None of the Tax Equity Financing Documents to which a Tax Equity Party is a party has been amended or modified since the effective date of such Tax Equity Financing Documents other than as set forth on Schedule VI. No Tax Equity Party is party to any material contract, agreement or other undertaking except the Tax Equity Financing Documents and any other contract, agreement or undertaking previously disclosed in writing to the Agent. b. All Tax Equity Financing Documents are in full force and effect and no material breach, default or event of default has occurred and is continuing thereunder or in connection therewith, except in either case to the extent that such breach, default or event of default could not reasonably be expected to have a Material Adverse Effect or that could have a material adverse effect on the PV Systems owned by a Financing Fund or on the legality, validity or enforceability of the Tax Equity Financing Documents. c. None of the Managing Members or the Financing Funds has any indebtedness or other obligations or liabilities, direct or contingent other than (i) as permitted under or not prohibited by the Transaction Documents, (ii) contracts and other agreements entered into in the ordinary course in connection with the applicable Managing Member’s or Financing Fund’s ownership of Solar Assets, to the extent such contract or other agreement does not impose obligations on such Managing Member or Financing Fund which would reasonably be expected to have a material and adverse effect on such Managing Member or Financing Fund or such Solar Assets and to the extent such contract or other agreement is not prohibited by the terms of the applicable Tax Equity Financing Documents and (iii) in the case of the Managing Members, the indebtedness of such Managing Member to the applicable Financing Fund evidencing such Managing Member’s obligations to make capital contributions to such Financing Fund in accordance wi...
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Financing Funds. Each Tax Equity Financing Document to which any Tax Equity Party is a party is a legal, valid and binding obligation of such Tax Equity Party, enforceable against such Tax Equity Party in accordance with its terms, except as such enforceability may be limited in the future by applicable bankruptcy, reorganization, insolvency, moratorium or other laws affecting creditors’ rights generally, and except as such enforceability may be limited in the future by general principles of equity (whether considered in a suit at law or in equity). None of the Tax Equity Financing Documents to which a Tax Equity Party is a party has been amended or modified since the effective date of such Tax Equity Financing Documents other than as set forth on Schedule VI. No Tax Equity Party is party to any material contract, agreement or other undertaking except the Tax Equity Financing Documents and any other contract, agreement or undertaking previously disclosed in writing to the Agent.
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Financing Funds. The proceeds realized by the Partnership in any Financing after being reduced by (i) payments, repayments or other- retirements of previously existing debt obligations of the Partnership made with such funds, (ii) proceeds required to pay construction costs and to meet other reasonable requirements of the Partnership, including payment of operating expenses of the Partnership (to the extent not paid out of operating revenues) and the cost of carrying out the Development Plan, and (iii) all costs incurred by the Partnership in such Financing (but to the extent that the amounts in clauses (i), (ii) and (iii) represent payments to a Partner or an Affiliate of a Partner, the amount of such deductions will be limited to amounts which would be paid to parties which are not Affiliates of a Partner for similar goods or services or which represent the repayment of loans containing market-rate terms at the time made to the Partnership (except that any Partner Overruns Loan shall bear interest and contain the other terms set forth in section 3.05 of the Partnership Agreement), the proceeds of which were used to pay costs and expenses incurred in connection with the ownership and operation of the Property or were distributed in accordance with the provisions of section 4.04 of the Partnership Agreement]. Any proceeds realized by the Partnership in any Financing which are placed in a reserve or are otherwise excluded from Financing Funds in order to pay expected future obligations of the Partnership, but which are not required to pay any such obligations, will be deemed to be Financing Funds when the General Partners determine that such proceeds are no longer required to pay such obligations.
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Financing Funds. (a) Parent has delivered to the Company a true, complete and correct copy of the executed equity commitment letter, dated as of the date hereof, among Parent, the Company, Accel-KKR Capital Partners IV, LP, Accel-KKR Capital Partners V, LP, Accel-KKR Capital Partners IV Strategic Fund, LP, and Accel-KKR Capital Partners V Strategic Fund, LP (the “Financing Commitment”), pursuant to which each investor party thereto has committed, subject to the terms and conditions set forth therein, to invest in Parent the cash amounts set forth therein (the “Financing”) for the purpose of funding in part the aggregate Per Share Merger Consideration. (b) As of the date hereof, (i) the Financing Commitment and the terms of the Financing have not been amended or modified prior to the date of this Agreement; (ii) no such amendment or modification is contemplated; and (iii) the commitment(s) contained therein have not been withdrawn, terminated or rescinded in any respect. As of the date hereof, there are no other Contracts, side letters or arrangements to which Parent or Merger Sub is a party relating to the funding or investing, as applicable, of the full amount of the Financing, other than as expressly set forth in the Financing Commitment. Other than as set forth in the Financing Commitment, there are no conditions precedent related to the funding or investing, as applicable, of the full amount of the Financing. (c) As of the date hereof, the Financing Commitment is in full force and effect and is the legal, valid, binding and enforceable obligation of Parent and each of the other parties thereto subject to the Bankruptcy and Equity Exception. As of the date hereof, no event has occurred that would, or would reasonably be expected to, constitute a breach or default (or with notice or lapse of time or both would constitute a breach or default) under the Financing Commitment. As of the date hereof, Parent has no reason to believe that it will be unable to satisfy on a timely basis any term or condition of the Financing to be satisfied by it, whether or not such term or condition is contained in the Financing Commitment. Assuming the satisfaction of the condition set forth in Section 7.2(a) and (b), the Financing, when funded in accordance with the Financing Commitment, together with the cash on hand of the Company and its Subsidiaries as of the Effective Time, shall provide Parent with cash proceeds on the Closing Date sufficient to make all payments required to be made by ...
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Related to Financing Funds

  • Sinking Funds Unless specified on the face hereof, this Note will not be subject to, or entitled to the benefit of, any sinking fund.

  • Training Fund Employers and/or individuals who manage, operate, assist or own, either partially or wholly, a company or companies working non-union in the construction industry on Mainland Nova Scotia within the craft jurisdiction of ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Local 83 shall not be eligible to be appointed to serve, or to continue to serve, as trustees on any trust fund referred to within this Collective Agreement. This provision shall apply to management trustees and union trustees alike. 30.01 Subject to the approval of ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Joint Training Fund Trustees, direct costs for upgrading the safety training of Union members described in Article 2.01 of this Agreement in Occupational Health and Safety courses required by Nova Scotia law, shall be paid by the fund.

  • Sinking Fund The provisions of Sections 3.04, 3.05 and 3.06 shall be applicable to any sinking fund for the retirement of Securities of a series, except as otherwise specified as contemplated by Section 2.01 for Securities of such series. The minimum amount of any sinking fund payment provided for by the terms of Securities of any series is herein referred to as a “mandatory sinking fund payment,” and any payment in excess of such minimum amount provided for by the terms of Securities of any series is herein referred to as an “optional sinking fund payment”. If provided for by the terms of Securities of any series, the cash amount of any sinking fund payment may be subject to reduction as provided in Section 3.05. Each sinking fund payment shall be applied to the redemption of Securities of any series as provided for by the terms of Securities of such series.

  • Other Funds Federated Hermes Emerging Market Debt Fund Federated Hermes Emerging Markets Equity Fund Federated Hermes Global Strategic Value Dividend Fund Federated Hermes Global Total Return Bond Fund Federated Hermes Absolute Return Credit Fund Federated Hermes Global Equity Fund Federated Hermes Global Small Cap Fund Federated Hermes International Developed Equity Fund Federated Hermes SDG Engagement Equity Fund Federated Hermes SDG Engagement High Yield Credit Fund Federated Hermes Unconstrained Credit Fund Federated Hermes US ▇▇▇▇ Fund Federated Hermes International Bond Strategy Portfolio Federated Hermes International Dividend Strategy Portfolio Federated Hermes International Equity Fund Federated Hermes International Growth Fund Federated Hermes International Leaders Fund Federated Hermes International Small-Mid Company Fund Federated Hermes International Strategic Value Dividend Fund Federated Hermes Max-Cap Index Fund Federated Hermes MDT Large Cap Value Fund Federated Hermes Mid-Cap Index Fund Federated Hermes Muni and Stock Advantage Fund Federated Hermes Strategic Value Dividend Fund

  • On-Going Funding For the current term the Boards agree to contribute funds to support the Trust as follows: