Financing Obligations. Subject to the satisfaction or waiver of the Contracting Parties Conditions, Project Co agrees to complete the Financing in accordance with and subject to the provisions of the Lending Agreements and in furtherance of such agreement to enter into, and, in the case of the Lender’s Direct Agreement and the Insurance Trust Agreement, cause Contractor to enter into, the following agreements and otherwise complete the following on Financial Close:
(i) the execution and delivery of all Lending Agreements and the completion of all arrangements to implement the Financing;
(ii) the execution and delivery of the Lender's Direct Agreement with Hospital and Contractor; and
(iii) the execution and delivery of such other related and ancillary instruments, agreements and documents as are customary and are necessary to give effect to this transaction.
Financing Obligations. Incur, create, assume or permit to exist any Financing Obligations, or make or permit any amounts to be invested or held in financing transactions, except:
(a) Financing Obligations existing on the date hereof and set forth in Annex 1 to this Schedule 4 and any Permitted Refinancing Obligations in respect of any such Financing Obligations;
(b) Financing Obligations created hereunder and under the other Luxco Commodities Purchase Facility Documents;
(c) unsecured intercompany Financing Obligations (i) of Tensar and its Subsidiaries to the extent permitted by Section 1.04(a) of this Schedule 4 and (ii) of Tensar Holdings and its Subsidiaries to the extent permitted by Section 1.04(l) of this Schedule 4, so long, in each case, as such Financing Obligations are subordinated to the Obligations pursuant to the Affiliate Subordination Agreement or such other subordination agreement as is reasonably acceptable to TCO and any interest of Luxco or any Guarantor thereunder is pledged to TCO pursuant to the Security Documents;
(d) Financing Obligations secured by Liens permitted by Section 1.02(i) of this Schedule 4 (including Capital Lease Obligations and Synthetic Lease Obligations) in an aggregate stated amount not exceeding $4,000,000 at any time outstanding;
(e) Financing Obligations of Tensar under (i) the Lease Agreement in an aggregate stated amount (excluding profit amount) not to exceed $147,000,000 and Financing Obligations of the US Guarantors under any Guarantees in respect of such Financing Obligations and any Permitted Refinancing Obligations in respect of any such Financing Obligations, (ii) under the Commodities Purchase Agreement in an aggregate stated amount (excluding profit amount) not to exceed $40,000,000 and Financing Obligations of the US Guarantors under any Guarantees in respect of such Financing Obligations and any Permitted Refinancing Obligations in respect of any such Financing Obligations, and (iii) the Second Lien Commodities Purchase Facility in aggregate stated amount (excluding profit amount) not to exceed $84,000,000 and Financing Obligations of the US Guarantors under any Guarantees in respect of such Financing Obligations and any Permitted Refinancing Obligations in respect of any such Financing Obligations;
(f) Financing Obligations of any person that becomes a Subsidiary of Tensar after the date hereof; provided that (i) such Financing Obligations exist at the time such person becomes a Subsidiary and is not created in contempl...
Financing Obligations. 8.1 In the event that the Company needs additional resources to fund operations or capital projects and at such time, the number of authorized but unissued Shares shall not be sufficient to allow the issuance of additional Shares in connection with a Shareholder’s equity contribution, the Company and the Shareholders may instead provide funding in the form of shareholder loans until such time as new applications or an increase in registered capital are approved.
Financing Obligations. Permit the aggregate amount of Financing Obligations (other than the Specified Lease Obligations) of the Borrower and its Subsidiaries incurred or created after the date hereof to exceed, at any one time, the greater of (a) the aggregate amount of Financing Obligations permitted under the Senior Secured Notes Indenture and (b) $25,000,000.
Financing Obligations. At or prior to the Closing, Parent and Sellers shall cause all material Financing Obligations (other than the Existing Capitalized Leases) of the Companies and their Subsidiaries to be redeemed, defeased or repaid or otherwise terminated.
Financing Obligations. Forthwith following the Purchasing Partners becoming obligated to acquire the Vendor’s Partnership Interest, each of the Purchasing Partners shall use such Purchasing Partner’s best efforts to borrow from a chartered bank or other lender the entire Purchase Price payable by such Purchasing Partner. Each of the Purchasing Partners and the Partnership covenants to use their best efforts to assist each of the Purchasing Partners to borrow such funds and covenants to execute and deliver all necessary security (including, without limiting the generality of the foregoing, with respect to the Partnership, all life insurance policies governed by this Agreement) and any documents and to do all other acts and things, as may be required by such bank or other lender. Notwithstanding the foregoing, a Purchasing Partner shall not be obligated to personally guarantee or provide security for the borrowing of another Purchasing Partner.
Financing Obligations. If, prior to completion of a Feasibility Study, costs are incurred under Section 4.6.2 at the request of BHP in order to comply with BHP's safety requirements, and such costs are in excess of Golden Star's historical costs for such matters, and provided Golden Star's safety procedures are in compliance with industry standards and the standards imposed by Law, then the cost differential shall be at BHP's sole expense.
Financing Obligations. Permit the aggregate amount of Financing Obligations of the Borrower and its Subsidiaries incurred or created after the date hereof to exceed, at any one time outstanding, $10,000,000.
Financing Obligations. (a) Attached hereto as Schedule 3.03
(a) each Owner has described (i) all real and/or personal property held by such Owner as of the Effective Date that is intended to be Plant Property, including, but not limited to, interests in the Joint Facilities Agreements and the work product resulting from development activities undertaken during Phase I relating to the Project, but excluding Contributing Owner Facilities, and (ii) all Project Costs incurred by such Owner prior to the Effective Date, including, but not limited to, the costs to acquire the real and/or personal property and interests listed on Schedule 3.03(a).
(b) On the Effective Date:
(i) each Owner that has incurred Project Costs prior to the Effective Date as listed in Schedule 3.03(a) shall be reimbursed by the other Owners in Big Stone II Power Plant June 30, 2005 proportion to their respective Ownership Shares, to the extent not previously reimbursed;
(ii) to the extent reimbursement has been provided to the Owner as described in Section 3.03(b)(i), each Owner’s interest in its work product resulting from development activities undertaken prior to the Effective Date (other than its interests in personal property, real property and the Joint Facilities Agreements) as identified in Schedule 3.03(a), shall be transferred to and vest in the Owners as tenants in common in proportion to their respective Ownership Shares and each Owner transferring such property shall cause it to be transferred; and
(iii) each Owner shall pay into the Trust Account its proportionate share, based on Ownership Share, of the Progress Payment to finance the development of the Project until the Financial Closing.
(c) At least thirty (30) days before the date of the Financial Closing, each Owner shall amend its disclosures in Schedule 3.03(a) to reflect (i) any additional real and/or personal property held by such Owner that is intended to be Plant Property and that has not been previously transferred to the Owners as tenants in common, including, but not limited to, interests in the Joint Facilities Agreements and the work product resulting from development activities undertaken during Phase II relating to the Project, and (ii) all reasonable and documented Project Costs incurred by such Owner during Phase II, including, but not limited to, the costs to acquire the additional real and/or personal property listed on Schedule 3.03(a).
(d) On the date of Financial Closing,
(i) each Owner that has incurred Project Costs prio...
Financing Obligations. Between the Effective Date and the Closing Date, Buyer will use its best reasonable commercial efforts to obtain an additional $5,000,000 in cash in order to increase the aggregate amount of the Cash Payment under Section 3.
1. In the event that Buyer obtains any additional amounts of cash during such period, the Cash Payment due under Section 3.1 shall be increased by such amount and the principal amount due under the Note (and monthly installments) shall be decreased accordingly, so that the total Purchase Price shall remain $50,000,000.
