Common use of Notice of Refinancing Clause in Contracts

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).

Appears in 7 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement, Comprehensive Agreement

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Notice of Refinancing. The Developer Concessionaire will provide the Department written notice of a Refinancing 75 Days before the date of such RefinancingRefinancing (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). At the Department’s request, the Developer Concessionaire 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 DeveloperConcessionaire’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 Concessionaire 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 ), or (iii) of Section 7.08(c7.05(c), the Developer Concessionaire 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 or (iii) of Section 7.08(c7.05(c).

Appears in 2 contracts

Samples: Comprehensive Agreement, Comprehensive Agreement

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Notice of Refinancing. The Developer Concessionaire will provide the Department written notice of a Refinancing 75 Days before the date of such RefinancingRefinancing (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). At the Department’s request, the Developer Concessionaire 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 DeveloperConcessionaire’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 Concessionaire 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 or (iii) of Section 7.08(c7.05(c), the Developer Concessionaire 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 or (iii) of Section 7.08(c7.05(c).

Appears in 1 contract

Samples: Comprehensive Agreement

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