Financing Modifications Sample Clauses
Financing Modifications. Upon the request of the Lessee delivered at least 30 days prior to any proposed financing of a portion of the cost of any Required Modification or non-Severable Modification and subject to the consent of the Owner Participant, the Lessor and the Indenture Trustee shall cooperate with the Lessee, to the extent permitted under Rev. Proc. 2001-28, to (a) issue Additional Notes under the Indenture to finance such Modification which will rank pari passu with the Initial Notes and/or any Additional Notes then outstanding; (b) execute and deliver one or more supplements to the Indenture for the purpose of subjecting the Lessor’s interest in any such Modifications to the Liens thereof, and (c) execute and deliver an amendment to the Facility Lease to reflect the adjustments required by clause (c) below. If the Owner Participant consents to finance such Modifications through the issuance of Additional Notes under Section 2.12(a) of the Indenture (any financing of Modifications through the issuance of such Additional Notes under the Indenture being called a “Supplemental Financing”), such Supplemental Financing shall be subject to the following additional conditions:
(a) The Basic Rent and Termination Amounts (determined without regard to any Tax benefits associated with such Modifications, unless the Owner Participant is making an Additional Equity Investment) shall, subject to Section 12.2, be adjusted as agreed to by the Owner Participant and Lessee at the time of such financing;
(b) The Rating Agencies have confirmed that such financing shall not result in a withdrawal or downgrade of the credit rating of the Pass Through Certificates below that in effect on the date of the financing (except that, in respect of Required Modifications, this clause (B) will not be applicable);
(c) Such financing is for an amount not greater than the Lessor’s Percentage of the cost of the Modifications being financed, nor for an amount less than $20 million multiplied by the Lessor’s Percentage;
(d) As of the closing date of the Supplemental Financing, the aggregate balance of the Notes (including the additional debt being financed and taking into account all Modifications) shall not exceed 87% of the fair market value of the Undivided Interest;
(e) No Lease Event of Default shall have occurred and be then continuing unless the Modifications are intended to cure such Lease Event of Default and comply in all material respects with the Operative Documents;
(f) The final maturity date...
Financing Modifications. If, in connection with obtaining, continuing or renewing financing for which the Building or Buildings, land or a leasehold or any interest therein represents collateral in whole or in part, a banking, insurance or other lender shall request modifications of this Lease Agreement as a condition of such financing, Tenant will not unreasonably withhold, delay or defer its consent thereto, provided that such modifications do not increase the obligations of Tenant hereunder or adversely affect Tenant's leasehold interest hereby created.
Financing Modifications. 49 Section 11.2. Optional Refinancing of Lease Debt......................................... 51 Section 11.3. Cooperation................................................................ 52 Section 11.4. Right of Owner Participant to Assume Notes................................. 52 SECTION 12
Financing Modifications. 74 Section 11.2. Well Improvements.................................... 76 Section 11.3. Optional Refinancing of Lease Debt................... 78 Section 11.4. Cooperation.......................................... 80 Section 11.5. Assumption of Senior Notes........................... 80
Financing Modifications. 72 Section 12.2 Optional Refinancing of Pass Through Certificates..............................74
Financing Modifications. If, in connection with obtaining, continuing or renewing financing for which the Building, land or a leasehold thereon or any interest therein represents collateral in whole or in part, and a banking, insurance company or other lender (hereinafter “Lender”) shall request modifications of this Lease as a condition of such financing, Tenant will not withhold, delay or defer its consent thereto, provided that such modifications neither increase, nor have the potential to increase, the obligations of Tenant hereunder nor reduce, nor have the potential to reduce the rights of Tenant hereunder, nor adversely affect or have the potential to adversely affect the Tenant’s leasehold interest hereby created; provided, however, that at Tenant’s election, Tenant may consent to a modification that will, or may have the potential to, increase Tenant’s obligations under the Lease, or adversely affect Tenant’s leasehold interest hereby created upon the payment to Tenant of reasonable consideration therefor.
Financing Modifications. 70 Conemaugh Participation Agreement ii 4
Financing Modifications. Should any financing require a modification or modifications to this Lease, which modification or modifications will not bring about any increased cost or expense to Tenant or in any other way substantially change the rights and obligations of Tenant hereunder, then, and in such event, Tenant agrees that this Lease may be so modified.