Notice of Refinancing. 4.4.2.1 In connection with any Refinancing except an Exempt Refinancing under clause (b), (c) or (d) of the definition of Exempt Refinancing, Developer shall deliver, not later than 14 days prior to the proposed date for closing the Refinancing, either to TxDOT or to an Intellectual Property Escrow for access and review by TxDOT, the following:
(a) Draft proposed Funding Agreements and Security Documents (other than minor ancillary documents normally delivered after financial closing and containing no new material commercial terms); and
(b) The Pre-Refinancing Data.
4.4.2.2 In connection with any Refinancing except an Exempt Refinancing under clause (b), (c) or (d) of the definition of Exempt Refinancing, Developer shall deliver, not later than 30 days after close of the Refinancing, either to TxDOT or to an Intellectual Property Escrow for access and review by TxDOT the following.
(a) Copies of all signed Funding Agreements and Security Documents in connection with the Refinancing; and
(b) The Refinancing Data.
Notice of Refinancing. The Developer will provide the Department written notice of a Refinancing 75 Days before the date of such Refinancing. At the Department’s request, the Developer will provide to the Department available details of the proposed Refinancing, including (i) details of the changes, if any, proposed to the Financial Model Formulas, (ii) the proposed Base Case Financial Model Update, (iii) any material changes in the Developer’s obligations (including contingent obligations) to the Project Lenders, (iv) an outline detailing the changes and/or replacements, as the case may be, to the Project Financing Agreements then in effect and the Financing Assignments contemplated by the Refinancing, (v) a calculation of the anticipated Permit Fee, if any, generated from such Refinancing, in each case together with any supporting documentation, and (vi) any other details concerning the Refinancing that the Department may reasonably require to determine whether the Refinancing would, or could reasonably be expected to, have a material adverse effect on the Department, the Project or the ability of the Developer to perform its obligations pursuant to this Agreement or any other Project Agreement, provided that, with respect to any refinancing meeting the requirements of clauses (i), (ii) and (iii) of Section 7.08(c), the Developer will provide to the Department details to the extent reasonably required to establish that such proposed Refinancing satisfies the requirements of clauses (i), (ii) and (iii) of Section 7.08(c).
Notice of Refinancing. In connection with any Refinancing (except an Exempt Refinancing under clause (b), (c) or (d) of the definition of Exempt Refinancing), Developer shall deliver to TxDOT (a) draft proposed Funding Agreements and Security Documents (other than minor ancillary documents normally delivered after financial closing and containing no new material commercial terms) and the Pre-Refinancing Data not later than 14 days prior to the proposed date for closing the Refinancing and (b) copies of all signed Funding Agreements and Security Documents in connection with the Refinancing and the Refinancing Data not later than 30 days after close of the Refinancing.
Notice of Refinancing. The Company shall give notice to each of the Warrantholders of any intent by the Company to refinance in their entirety the Notes (as defined in the Credit Agreement) not less than 60 days prior to the proposed closing date of such refinancing, setting forth such proposed closing date and notifying each Warrantholder of its rights under Section 5.2 (such notice, the "Refinancing Notice").
Notice of Refinancing. (i) The Concessionaire shall provide to the Department written notice of any proposed Refinancing at least 75 days prior to the proposed date for closing the Refinancing.
(ii) The Concessionaire shall provide to the Department concurrently with such written notice full details of the proposed Refinancing, including, details of the changes, if any, in the Base Case Financial Model, any material changes in the Concessionaire’s obligations (including, for the avoidance of doubt, contingent obligations) to the Lenders, and outline details of the changes and/or replacements, as the case may be, to the Initial Project Financing Agreements and Financing Assignments contemplated by the Refinancing.
(iii) The Concessionaire shall provide the Department the final proposed Project Financing Agreements and Financing Assignments in connection with the Refinancing promptly upon their receipt by the Concessionaire, and at least 10 days before the proposed date for closing the Refinancing.
Notice of Refinancing. 4.4.2.1 At least 90 days before the proposed date for closing any proposed Refinancing (except an Exempt Refinancing under clause (b), (c) or (d) of the definition of Exempt Refinancing), Developer shall submit to LAWA a summary of the proposed Refinancing, together with a schedule setting forth the various activities, each with schedule durations, to be accomplished from commencement through the close of the proposed Refinancing.
4.4.2.2 At least 45 days before the proposed date for closing any Refinancing (except an Exempt Refinancing under clause (b), (c) or (d) of the definition of Exempt Refinancing), Developer shall:
(a) provide draft proposed Financing Agreements and Security Documents (or term sheets therefor, if drafts are not then available). available Refinancing Data, and any other submittals required by Exhibit 5C (Calculation of Refinancing Gain); and
(b) if applicable, provide notice to LAWA setting out the facts to support the basis for characterization of the transaction as an Exempt Refinancing or Rescue Refinancing.
4.4.2.3 Within 15 days after receipt of the materials required under Section 4.4.2.2, LAWA will provide notice to Developer of LAWA’s determinations regarding the following:
(a) whether the proposed Refinancing is an Exempt Refinancing or Rescue Refinancing;
(b) if the proposed Refinancing is neither an Exempt Refinancing or Rescue Refinancing, whether to approve or disapprove the proposed Refinancing; and
(c) if LAWA will approve the proposed Refinancing, whether the Refinancing Gain requirements apply.
4.4.2.4 LAWA’s failure to deliver to Developer notice of the determinations and selection within the time period set forth in Section 4.4.2.3 shall not prejudice LAWA’s right to disapprove the proposed Refinancing, to receive any portion of Refinancing Gain, or its selection of the means for payment of such portion.
4.4.2.5 At least seven days before the proposed date for closing the Refinancing, Developer shall deliver to LAWA substantially final drafts of the proposed Financing Agreements and Security Documents, together with updated versions of the Refinancing Data.
4.4.2.6 Within five Business Days after close of the Refinancing, Developer shall deliver to LAWA copies of all signed Financing Agreements and Security Documents in connection with the Refinancing, and the final Refinancing Data.
4.4.2.7 Within 10 Business Days after close of the Refinancing, XXXX and Developer shall meet and confer to agree upon the final cal...
Notice of Refinancing. Pursuant to this Amendment, the Borrower hereby requests a Borrowing of Tranche B-1 Term Loans in an aggregate principal amount of $951,999,999.50, with such Borrowing to be made on the First Amendment Effective Date and to have an Interest Period ending on February 3, 2020.
Notice of Refinancing. (i) The Concessionaire shall provide to the Department written notice of any proposed Refinancing at least 30 days prior to the proposed date for closing the Refinancing.
(ii) The Concessionaire shall provide to the Department concurrently with such written notice full details of the proposed Refinancing, including details of any material changes in the Concessionaire’s obligations (including, for the avoidance of doubt, contingent obligations) to the Lenders, and outline details of the changes and/or replacements, as the case may be, to the Initial Project Financing Agreements and Financing Assignments contemplated by the Refinancing.
(iii) The Concessionaire shall provide the Department the final proposed Project Financing Agreements and Financing Assignments in connection with the Refinancing promptly upon their receipt by the Concessionaire, and at least 30 days before the proposed date for closing the Refinancing, and shall also provide by that time the Pre-Refinancing Model and Post-Refinancing Model.
(iv) The Concessionaire shall provide the Department with final executed copies and a final version of the Post-Refinancing Model adjusted to reflect the new PVR Discount Rate and the targeted Equity IRR (final subject to Department review in accordance with Section 7.07(d)) within 30 days following closing on the Refinancing.
Notice of Refinancing. The Concessionaire will provide the Department written notice of a Refinancing 75 Days before the date of such Refinancing (or, if such advance notice is not reasonably possible under the circumstances, such notice as is possible and in any event with reasonable time for the Department to review and, if applicable, provide its consent for such Refinancing as contemplated below) and such notice will include a calculation of any anticipated Refinancing Gain (if any) and supporting documentation. At the Department’s request, the Concessionaire will provide to the Department details of the proposed Refinancing, including (i) details of the changes, if any, proposed to the Financial Model Formulas, (ii) the proposed Base Case Financial Model Update, (iii) any material changes in the Concessionaire’s obligations (including contingent obligations) to the Project Lenders, (iv) an outline detailing the changes and/or replacements, as the case may be, to the Project Financing Agreements then in effect and the Financing Assignments contemplated by the Refinancing, (v) a calculation of the anticipated Refinancing Gain and any Assigned Gross Revenue and Refinancing Gain Share generated from such Refinancing, in each case together with any supporting documentation, and (vi) any other details concerning the Refinancing that the Department may reasonably require to determine whether the Refinancing would, or could reasonably be expected to, have a material adverse effect on the Department, the Project or the ability of the Concessionaire to perform its obligations pursuant to this Agreement or any other Project Agreement, including details of any material changes in the Concessionaire’s obligations (including, for the avoidance of doubt, contingent obligations) to the Lenders, and outline details of the changes and/or replacements, as EXECUTION VERSION – DECEMBER 5, 2011 the case may be, to the Initial Project Financing Agreements and Financing Assignments contemplated by the Refinancing.
Notice of Refinancing. 4.4.2.1 In connection with any Refinancing except an Exempt Refinancing under clause (b), (c) or (d) of the definition of Exempt Refinancing, Developer shall deliver, not later than 14 days prior to the proposed date for closing the Refinancing, either to TxDOT or to an Intellectual Property Escrow for access and review by TxDOT, the following:
(a) Draft proposed Funding Agreements and Security Documents (other than minor ancillary documents normally delivered after financial closing and containing no new material commercial terms); and
(b) The Pre-Refinancing Data.
4.4.2.2 In connection with any Refinancing except an Exempt Refinancing under clause (b), (c) or (d) of the definition of Exempt Refinancing, Developer shall deliver, not later than 30 days after close of the Refinancing (but in the case of the Segment 3C Initial
(a) Copies of all signed Funding Agreements and Security Documents in connection with the Refinancing; and
(b) The Refinancing Data.
