Financing of the Project. (a) UAMPS shall finance the portion of the Cost of Acquisition and Construction of the Initial Facilities that is not paid from Capital Contributions (b) Unless otherwise approved by the Project Management Committee, the Budget and Plan of Finance shall provide for the financing of all Development Costs, Construction Costs and other Costs of the Initial Facilities to a date not earlier than the estimated Commercial Operation Date of the Initial Facilities with the objective that the Participant will not be required to make any payments to UAMPS in respect of Debt Service Costs until a date that is after the estimated Commercial Operation Date. UAMPS shall use Commercially Reasonable Efforts to structure and implement the financings for the Development Costs and Construction Costs of the Initial Facilities to achieve this result. The Participant acknowledges and agrees that UAMPS cannot guarantee that it will be able to achieve this result, and under certain circumstances it may be necessary for UAMPS to submit xxxxxxxx to the Participant pursuant to Section 26 to enable it to pay Development Costs. (c) UAMPS and the Participant acknowledge and agree that: (i) as of the Effective Date, (A) UAMPS has not obtained the Permits and Approvals necessary for the construction and operation of the Project, and (B) the overall development of the Project is at a preliminary stage; (ii) UAMPS shall use Commercially Reasonable Efforts to obtain all such Permits and Approvals as a part of the Development Work during the Development Period; (iii) the Development Costs incurred by UAMPS will be financed by the issuance of Bonds; (iv) in the event that UAMPS is unable to obtain transmission service for Project Output on reasonable terms, is unable to obtain the required Permits and Approvals for the construction and operation of the Project or the Project Management Committee determines that the continued development of the Project is not feasible for any reason, the Project Management Committee may determine to terminate the Project as provided herein; and (v) if the Project Management Committee determines to terminate the Project during the Development Period, the Project will not be completed and the Participant will be required to pay, among other things, its Development Cost Share of all Development Costs incurred and its Development Cost Share of Debt Service Costs until all Bonds previously issued are fully paid and retired, as provided in Section 6. (d) Each Participant may elect to make a Capital Contribution to UAMPS pursuant to Section 17. Prior to the giving by UAMPS of the notice required by Section 17(a), the Project Management Committee shall determine whether any additional interest expense on or in respect of any Bonds that are subject to federal income taxation shall be allocated to those Participants whose legal status or use of Project Output requires the issuance of such Bonds. In the event the Project Management Committee determines to make such allocation, the notice required by Section 17(a) shall include such information as shall be necessary to generally inform the affected Participants of the additional Debt Service Costs that may be payable by them in the event they elect not to make a Capital Contribution.
Appears in 2 contracts
Samples: Power Sales Contract, Power Sales Contract
Financing of the Project. (a) UAMPS shall finance the portion of the Cost of Acquisition and Construction of the Initial Facilities that is not paid from Capital ContributionsContributions made by the Participants through the issuance of one or more series of Bonds pursuant to the Budget and Plan of Finance approved by the Project Management Committee.
(b) Unless otherwise approved by the Project Management Committee, the Budget and Plan of Finance shall provide for the financing of all Development Costs, Construction Costs and other Costs of the Initial Facilities to a date not earlier than the estimated Commercial Operation Date of the Initial Facilities with the objective that the Participant will not be required to make any payments to UAMPS in respect of Debt Service Costs until a date that is after the estimated Commercial Operation Date. UAMPS shall use Commercially Reasonable Efforts to structure and implement the financings for the Development Costs and Construction Costs of the Initial Facilities to achieve this result. The Participant acknowledges and agrees that UAMPS cannot guarantee that it will be able to achieve this result, and under certain circumstances it may be necessary for UAMPS to submit xxxxxxxx to the Participant pursuant to Section 26 to enable it to pay Development Costs.
(c) UAMPS and the Participant acknowledge and agree that:
(i) as of the Effective Date, (A) UAMPS has not obtained the Permits and Approvals necessary for the construction and operation of the Project, and (B) the overall development of the Project is at a preliminary stage;
(ii) UAMPS shall use Commercially Reasonable Efforts to obtain all such Permits and Approvals as a part of the Development Work during the Development Period;
(iii) the Development Costs incurred by UAMPS will be financed by the issuance of Bonds;
(iv) in the event that UAMPS is unable to obtain transmission service for Project Output on reasonable terms, is unable to obtain the required Permits and Approvals for the construction and operation of the Project or the Project Management Committee determines that the continued development of the Project is not feasible for any reason, the Project Management Committee may determine to terminate the Project as provided herein; and
(v) if the Project Management Committee determines to terminate the Project during the Development Period, the Project will not be completed and the Participant will be required to pay, among other things, its Development Cost Share of all Development Costs incurred and its Development Cost Share of Debt Service Costs until all Bonds previously issued are fully paid and retired, as provided in Section 6.
(d) Each Participant may elect to make a Capital Contribution to UAMPS pursuant to Section 17. Prior to the giving by UAMPS of the notice required by Section 17(a), the Project Management Committee shall determine whether any additional interest expense on or in respect of any Bonds that are subject to federal income taxation shall be allocated to those Participants whose legal status or use of Project Output requires the issuance of such Bonds. In the event the Project Management Committee determines to make such allocation, the notice required by Section 17(a) shall include such information as shall be necessary to generally inform the affected Participants of the additional Debt Service Costs that may be payable by them in the event they elect not to make a Capital Contribution.
Appears in 2 contracts
Samples: Power Sales Contract, Power Sales Contract
Financing of the Project. (a) UAMPS shall finance 5.1. The PIA, undertaking the portion Aajeevika Skills project as a consortium, is sanctioned financial assistance for the project <Title of the Cost project as below>
(i) Sanction reference no: sanction letter no < > dated < > for skilling of Acquisition <give total number of candidates for skilling> in District(s) <give names of district> in (give names of trade>.
(ii) Total project cost Rs.< > project tenure <insert number of years> 5.
(iii) The State share of funding (25% in case of States /Union Territories and Construction 10% in case of North-East States) for the project 6:
a. shall be Rs. <insert amount>, amounting to % <insert ratio> of the Initial Facilities total project cost as cash component, and 5 Refer to the complete copy of Sanction order along with its Annexure including Terms & Conditions 6 Strikeout portions that is are not paid from Capital Contributionsapplicable.
b. of the total State Government support % of the project cost <give percentage of the total cost> shall be in the form of infrastructure support <give details> (b) Unless otherwise *strike out if not applicable).
5.2. The PIA or the Lead Partner shall not be entitled to any additional funding for any extension in the tenure of the project, unless specifically approved by the Project Management Committee, the Budget and Plan of Finance Sanctioning Authority. In general all projects shall provide for the financing of all Development Costs, Construction Costs and other Costs of the Initial Facilities to a date not earlier than the estimated Commercial Operation Date of the Initial Facilities with the objective that the Participant will not be required to make any be completed within the approved project tenure, failing which the project may be closed by the Project Sanctioning Authority on a recommendation from the TSA. Such closure shall result in limiting the funding of the project to the extent of physical achievement attained till the sanctioned tenure of the project.
5.3. The TSA in consultation with the ASSM or on advice from the ASSM, may suspend all the payments to UAMPS in respect the PIA if the PIA fails to perform any of Debt Service Costs until a date that is its obligations under this MoU. However, the TSA shall take this action only after giving due notice to the estimated Commercial Operation Date. UAMPS shall use Commercially Reasonable Efforts to structure and implement PIA specifying the financings for the Development Costs and Construction Costs nature of non-performance of the Initial Facilities PIA, and providing due opportunity to achieve this resultthe PIA to remedy such failure within a reasonable period as maybe specified in the notice. No separate communication shall be given to the Lead Partner. The Participant acknowledges and agrees that UAMPS cannot guarantee that it will be able to achieve this result, and under certain circumstances it may be necessary for UAMPS to submit xxxxxxxx to responsibility of informing the Participant pursuant to Section 26 to enable it to pay Development Costs.
(c) UAMPS and the Participant acknowledge and agree that:
(i) as of the Effective Date, (A) UAMPS has not obtained the Permits and Approvals necessary for the construction and operation of the Project, and (B) the overall development of the Project is at a preliminary stage;
(ii) UAMPS shall use Commercially Reasonable Efforts to obtain all such Permits and Approvals as a part of the Development Work during the Development Period;
(iii) the Development Costs incurred by UAMPS will be financed by the issuance of Bonds;
(iv) in the event that UAMPS is unable to obtain transmission service for Project Output on reasonable terms, is unable to obtain the required Permits and Approvals for the construction and operation of the Project or the Project Management Committee determines that the continued development of the Project is not feasible for any reason, the Project Management Committee may determine to terminate the Project as provided herein; and
(v) if the Project Management Committee determines to terminate the Project during the Development Period, the Project will not be completed and the Participant will be required to pay, among other things, its Development Cost Share of all Development Costs incurred and its Development Cost Share of Debt Service Costs until all Bonds previously issued are fully paid and retired, as provided in Section 6.
(d) Each Participant may elect to make a Capital Contribution to UAMPS pursuant to Section 17. Prior to the giving by UAMPS of the notice required by Section 17(a), the Project Management Committee shall determine whether any additional interest expense on or in respect of any Bonds that are subject to federal income taxation Lead Partner shall be allocated to those Participants whose legal status or use that of Project Output requires the issuance of such Bonds. In the event the Project Management Committee determines to make such allocation, the notice required by Section 17(a) shall include such information as shall be necessary to generally inform the affected Participants of the additional Debt Service Costs that may be payable by them in the event they elect not to make a Capital ContributionPIA.
Appears in 1 contract
Samples: Memorandum of Understanding
Financing of the Project. (a) UAMPS shall finance the portion of the Cost of Acquisition and Construction of the Initial Facilities that is not paid from Capital ContributionsContributions made by the Participants through the issuance of one or more series of Bonds and Special Obligations, if any, pursuant to the Budget and Plan of Finance approved by the Project Management Committee; provided that, during the Licensing Period UAMPS will not issue Bonds to finance Development Costs in excess of the maximum amount thereof set forth in the current Budget and Plan of Finance.
(b) Unless otherwise approved by the Project Management Committee, the Budget and Plan of Finance shall provide for the financing of all Development Costs, Construction Costs and other Costs of the Initial Facilities to a date not earlier than the estimated Commercial Operation Date of the Initial Facilities with the objective that the Participant will not be required to make any payments to UAMPS in respect of Debt Service Costs until a date that is after the estimated Commercial Operation Date. UAMPS shall use Commercially Reasonable Efforts to structure and implement the financings for the Development Costs and Construction Costs of the Initial Facilities to achieve this result. The Participant acknowledges and agrees that UAMPS cannot guarantee that it will be able to achieve this result, and under certain circumstances it may be necessary for UAMPS to submit xxxxxxxx to the Participant pursuant to Section 26 804 to enable it to pay Development Costs.
(c) UAMPS and the Participant acknowledge and agree that:
(i) as of the Effective Date, (A) UAMPS has not yet obtained the Permits and Approvals necessary for the construction and operation of the Project, including particularly the COL, and (B) the overall development of the Project is at a preliminary stage;
(ii) UAMPS shall use Commercially Reasonable Efforts to obtain all such Permits and Approvals as a part of the Development Work during the Development Licensing Period;
(iii) the Development Costs incurred by UAMPS UAMPS, to the extent not paid from funding available under the DOE Cost Share Agreement or similar arrangements, will be financed by the issuance of Bonds;
(iv) in the event that UAMPS is unable to obtain transmission service for Project Output on reasonable terms, is unable to obtain the required Permits and Approvals for the construction and operation of the Project or the Project Management Committee determines that the continued development of the Project is not feasible for any reason, the Project Management Committee may determine to terminate the Project as provided hereinin Article V; and
(v) if the Project Management Committee determines to terminate the Project during the Development PeriodProject, the Project will not be completed and the Participant will be required to pay, among other things, its Development Cost Debt Service Share of all Development Costs incurred and its Development Cost Share of Debt Service Costs until all Bonds previously issued are fully paid and retired, as provided in Section 6804.
(d) Each Participant may elect to make a Capital Contribution to UAMPS pursuant to Section 17603. Prior to the giving by UAMPS of the notice required by Section 17(a603(a), the Project Management Committee shall determine whether any additional interest expense on or in respect of any taxable Bonds that are subject to federal income taxation (not eligible for tax credits or interest subsidy payments) shall be allocated to those Participants whose legal status or use of Project Output requires the issuance of such Bonds. In the event the Project Management Committee determines to make such allocation, the notice required by Section 17(a603(a) shall include such information as shall be necessary to generally inform the affected Participants of the additional Debt Service Costs Costs, if any, that may will be payable by them in the event they elect not to make a Capital Contribution.
Appears in 1 contract
Samples: Power Sales Contract