Common use of Guarantee Payments; Reimbursement Clause in Contracts

Guarantee Payments; Reimbursement. If the Secretary makes any payment, pursuant to the Guarantee, of any amount due and payable under this Note, each and every such payment so made shall be deemed to be a payment hereunder; provided, however, that no payment by the Secretary pursuant to the Guarantee shall be considered a payment for purposes of determining the existence of a failure by the Borrower to perform its obligation to the Secretary to make all payments under this Note when and as due. The Secretary shall have any rights by way of subrogation, agreement or otherwise which arise as a result of such payment pursuant to the Guarantee and as provided in the particular agreement specified on page 1 of this Note as the “Loan Guarantee Agreement” between the Borrower and the United States of America, acting through the Secretary, to evidence the Borrower’s obligation to reimburse the Secretary for payment made by the Secretary pursuant to the Guarantee.

Appears in 4 contracts

Samples: Note Purchase Agreement (Oglethorpe Power Corp), Note Purchase Agreement (Oglethorpe Power Corp), Oglethorpe Power Corp

AutoNDA by SimpleDocs

Guarantee Payments; Reimbursement. If the Secretary makes any payment, pursuant to the Guarantee, of any amount due and payable under this Note, each and every such payment so made shall be deemed to be a payment hereunder; provided, however, that no payment by the Secretary pursuant to the Guarantee shall be considered a payment for purposes of determining the existence of a failure by the Borrower to perform its obligation to the Secretary to make all payments under this Note when and as due. The Secretary shall have any rights by way of subrogation, agreement or otherwise which arise as a result of such payment pursuant to the Guarantee and as provided in the particular agreement specified on page 1 (note form 2: qtr payments; no cap int) NOTE - page 12 DOE (Title XVII) SOLYNDRA of this Note as the “Loan Guarantee Common Agreement” between the Borrower and the United States of America, acting through the Secretary, to evidence the Borrower’s obligation to reimburse the Secretary for payment made by the Secretary pursuant to the Guarantee.

Appears in 2 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement (Solyndra, Inc.)

Guarantee Payments; Reimbursement. If the Secretary makes any payment, pursuant to the Guarantee, of any amount due and payable under this Note, each and every such payment so made shall be deemed to be a payment hereunder; provided, however, that no payment by the Secretary pursuant to the Guarantee shall be considered a payment for purposes of determining the existence of a failure by the Borrower to perform its obligation to the Secretary to make all payments under this Note when and as due. The Secretary shall have any rights by way of subrogation, agreement or otherwise which arise as a result of such payment pursuant to the Guarantee and as provided in the particular agreement specified on page 1 of this Note as the "Loan Guarantee Agreement" between the Borrower and the United States of America, acting through the Secretary, to evidence the Borrower’s 's obligation to reimburse the Secretary for payment made by the Secretary pursuant to the Guarantee.. (qtr pymts; no cap int; mstr pymt sched) NOTE - page 19

Appears in 1 contract

Samples: Note Purchase Agreement (Georgia Power Co)

Guarantee Payments; Reimbursement. If the Secretary makes any payment, pursuant to the Guarantee, of any amount due and payable under this Note, each and every such payment so made shall be deemed to be a payment hereunder; provided, however, that no payment by the Secretary pursuant to the Guarantee shall be considered a payment for purposes of determining the existence of a failure by the Borrower to perform its obligation to the Secretary to make all payments under this Note when and as due. The Secretary shall have any rights by way of subrogation, agreement or otherwise which arise as a result of such payment pursuant to the Guarantee and as provided in the particular agreement specified on page 1 of this Note as the “Loan Guarantee Common Agreement” between the Borrower and the United States of America, acting through the Secretary, to evidence the Borrower’s obligation to reimburse the Secretary for payment made by the Secretary pursuant to the Guarantee.

Appears in 1 contract

Samples: Beacon Power Corp

Guarantee Payments; Reimbursement. If the Secretary makes any payment, pursuant to the Guarantee, of any amount due and payable under this Note, each and every such payment so made shall be deemed to be a payment hereunder; provided, however, that no payment by the Secretary pursuant to the Guarantee shall be considered a payment for purposes of determining the existence of a failure by the Borrower to perform its obligation to the Secretary to make all (note form 2: qtr payments; no cap int) NOTE - page 12 DOE (Title XVII) SOLYNDRA payments under this Note when and as due. The Secretary shall have any rights by way of subrogation, agreement or otherwise which arise as a result of such payment pursuant to the Guarantee and as provided in the particular agreement specified on page 1 of this Note as the “Loan Guarantee Common Agreement” between the Borrower and the United States of America, acting through the Secretary, to evidence the Borrower’s obligation to reimburse the Secretary for payment made by the Secretary pursuant to the Guarantee.

Appears in 1 contract

Samples: Solyndra, Inc.

AutoNDA by SimpleDocs

Guarantee Payments; Reimbursement. If the Secretary makes any payment, pursuant to the Secretary’s Guarantee, of any amount due and payable under this NoteBond, when and as due, each and every such payment so made shall be deemed to be a payment hereunder; provided, however, that no payment by the Secretary pursuant to the Secretary’s Guarantee shall be considered a payment for purposes of determining the existence of a failure by the Borrower Qualified Issuer to perform its obligation to the Secretary to make all payments under this Note Bond when and as due. The Secretary shall have any rights by way of subrogation, agreement agreement, or otherwise which arise as a result of such payment pursuant to the Secretary’s Guarantee and as provided in the particular agreement specified on page 1 of this Note as reimbursement note executed and delivered by the “Loan Guarantee Agreement” between the Borrower and Eligible CDFI to the United States of America, acting through the Secretary, to evidence the BorrowerEligible CDFI’s obligation to reimburse the Secretary for payment made by the Secretary pursuant to the Secretary’s Guarantee.

Appears in 1 contract

Samples: Bond Purchase Agreement

Guarantee Payments; Reimbursement. If the Secretary makes any payment, pursuant to the Secretary’s Guarantee, of any amount due and payable under this NoteBond, when and as due, each and every such payment so made shall be deemed to be a payment hereunder; provided, however, that no payment by the Secretary pursuant to the Secretary’s Guarantee shall be considered a payment for purposes of determining the existence of a failure by the Borrower Qualified Issuer to perform its obligation to the Secretary to make all payments under this Note Xxxx when and as due. The Secretary shall have any rights by way of subrogation, agreement agreement, or otherwise which arise as a result of such payment pursuant to the Secretary’s Guarantee and as provided in the particular agreement specified on page 1 of this Note as reimbursement note executed and delivered by the “Loan Guarantee Agreement” between the Borrower and Eligible CDFI to the United States of America, acting through the Secretary, to evidence the BorrowerEligible CDFI’s obligation to reimburse the Secretary for payment made by the Secretary pursuant to the Secretary’s Guarantee.

Appears in 1 contract

Samples: Bond Purchase Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.