Common use of Inability to Arrange Take-out Financing Clause in Contracts

Inability to Arrange Take-out Financing. If NGP fails to obtain adequate take-out financing for projects utilizing the 7 MW of SH Modules within a sixteen (16) week period, BE will have the right to use the SH Modules it holds a security interest in and use them on BE projects as long as any of the reasons for inability to arrange take-out financing was not due to non-bankability of BE as the EPC services provider.

Appears in 1 contract

Samples: Strategic Agreement (Blue Earth, Inc.)

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Inability to Arrange Take-out Financing. If NGP fails to obtain adequate take-out financing for projects projects, as described on Exhibit A hereto, utilizing the 7 MW of SH Modules within a sixteen (16) week period, BE will have the right to use in any manner the SH Modules it holds a security interest in and direct the use them of such SH Modules on BE projects as long as any of the reasons for inability to arrange take-out financing was not due to non-bankability of BE as the EPC services provider.”

Appears in 1 contract

Samples: Strategic Agreement (Blue Earth, Inc.)

Inability to Arrange Take-out Financing. If NGP fails to obtain adequate take-out financing for projects projects, as described on Exhibit A hereto, utilizing the 7 MW of SH Modules within a sixteen (16) week [REDACTED] period, BE will have the right to use in any manner the SH Modules it holds a security interest in and direct the use them of such SH Modules on BE projects as long as any of the reasons for inability to arrange take-out financing was not due to non-bankability of BE as the EPC services provider.”

Appears in 1 contract

Samples: Strategic Agreement (Blue Earth, Inc.)

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Inability to Arrange Take-out Financing. If NGP fails to obtain adequate take-out financing for projects utilizing the 7 MW of SH Modules within a sixteen (16) week [REDACTED] period, BE will have the right to use the SH Modules it holds a security interest in and use them on BE projects as long as any of the reasons for inability to arrange take-out financing was not due to non-bankability of BE as the EPC services provider.

Appears in 1 contract

Samples: Strategic Agreement (Blue Earth, Inc.)

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