OWNER COMMITMENTS Sample Clauses

OWNER COMMITMENTS. (a) Owner agrees to comply with the applicable REDi: EB Program Technical Requirements. For multi-building projects where REDi funding is limited to certain buildings – all buildings funded by HPD must comply with the applicable Technical Requirements, although not all buildings may be reviewed or monitored by the TAP. (b) Xxxxx agrees to respond to TAP requests for drawing review, documents and information in a timely manner to avoid compromising the project's timeline. (c) Owner agrees to furnish a budget estimate for REDi: EB Scope items during the Design Development phase to ensure that the costs are in line with the program goals and REDi: EB incentives. If the budget is significantly higher than expected, owner may be asked to redesign certain scope items using a more cost-effective design. (d) Owner agrees to furnish a budget estimate for maintenance of Heat Pump Equipment during the Design Development phase to ensure that the costs to maintain the proposed equipment can be properly addressed in the project budget. If the maintenance requirements are significantly higher than expected, owner may be asked to reconsider equipment selection. (e) HPD or NYSERDA reserves the right to disapprove certain contractors or consultants who have previously failed to comply with program requirements (within REDi or any related/ precursor programs). (f) All installers of HVAC equipment utilized on REDi projects must provide proof of training by the appliable equipment manufacturer. This includes at a minimum, the lead installer present during installation and testing of equipment. (g) Owner shall invite HPD and TAP to any construction progress meetings and shall send to HPD and TAP copies of any reports related to project status, allocation of funds, change orders (adds or deducts), cost or time overruns or underruns consistent with those provided to the project’s other lenders. (h) Owner shall provide notice to TAP of any extension to the completion date granted by HPD or a senior lender, if any. (i) Prior to receiving final payment, Owner shall submit to the TAP a comprehensive maintenance plan to ensure successful operation and maintenance of all systems long term, which plan shall be subject to review and approval by the TAP. The plan will include initial and ongoing training of maintenance personnel in systems’ operation and best practices, along with available maintenance agreements, warranties and commitments by systems’ installer and manufacturers. (j) Own...
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OWNER COMMITMENTS. Owner agrees that from the date hereof until the expiration of this Option, it will not lease or rent the Premises or any part thereof to any person or entity, other than Purchaser, or Xxx X. Xxxxxxx as provided in the Option Agreement between Xxx X. Xxxxxxx and Purchaser, or grant any person or entity any rights to use or occupy the Premises. Owner shall not grant any easement on the Premises and nor will Owner mortgage or encumber the Premises without Purchaser's prior written consent. During the term of this Option Owner agrees to support, assist, and cooperate with, Purchaser with respect to Purchaser's objective of constructing an ethanol plant at the Premises, including obtaining any necessary regulatory approvals, obtaining necessary zoning, and to take such actions as are reasonably necessary or desirable in furtherance of the intents and purposes of this Option Agreement upon request of Purchaser from time to time; provided, that all costs related to such actions shall be borne by Purchaser.
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OWNER COMMITMENTS. Owner agrees that from the date hereof until the expiration of this Option, it will not lease or rent the Premises or any part thereof to any person or entity, other than Purchaser, or grant any person or entity any rights to use or occupy the Premises. Owner shall not grant any easement on the Premises and nor will Owner mortgage or encumber the Premises without Purchaser's prior written consent. During the term of this Option Owner agrees to support, assist, and cooperate with, Purchaser with respect to Purchaser's objective of constructing an ethanol plant at the Premises, including obtaining any necessary regulatory approvals, obtaining necessary zoning, and to take such actions as are reasonably necessary or desirable in furtherance of the intents and purposes of this Option Agreement upon request of Purchaser from time to time; provided, that all costs related to such actions shall be borne by Purchaser.
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OWNER COMMITMENTS. 4.1. Owner agrees, within thirty days after the effective date of this Agreement, to provide to the Escrow Holder a conditional offer to dedicate the Dedication Area to the City, in a fully executed format suitable for recording and approved as to form and content by the City and Owner. The Parties agree to meet and confer and confirm in writing within that thirty-day period their agreement to the form of the conditional offer of dedication, 4.2. Owner further agrees that, if the City finally approves the Rezoning Approvals, which means all appeal or referendum periods for such approvals have expired without 4.3. Owner agrees to provide from a title company acceptable to both Parties a C.L.T.A. owner’s policy of title insurance confirming Owner as fee owner of the Dedication Area before the close of escrow. 4.4. Local Preference Program for New Housing: Owner is required to comply with the Xxxxx-South Xxxxxxxx Specific Plan local preference program requirements for
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OWNER COMMITMENTS. Owner agrees that it shall be bound by the terms of the Our Town Agreement and the Specific Plan for the Subject Property, including the financial and other commitments in Sections 5 and 6 of the Our Town Agreement governing development of any property within Planning Area 10A or re-subdivision and redevelopment of any property within Planning Area 10B.
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OWNER COMMITMENTS a) Owner commits to contract with or amend a contract with a Passive House consultant to provide, at minimum, the following: 1) Participation in the project design process to ensure efficient adoption of Passive House requirements. 2) Participation in value engineering process to help optimize design decisions that reduce cost while maintaining Passive House requirements. 3) Cut sheets for all HVAC equipment, domestic hot water equipment, and windows/doors including energy performance specifications. 4) List of mock-ups recommended for Approved NYSERDA Scope items. 5) Training of all sub-contractors involved in air sealing and air boundary integrity 6) Provides a list of and coordinates all Passive House inspection and testing visits with the overall construction schedule including but not limited to: a. Blower door testing b. Site inspections and issue logs c. Mechanical system commissioning reports and issue logs 7) Tracks all Passive House certification fees broken out by a. Registration and Certification Fees b. Verification and Testing Fees 8) Successful certification of the building by the chosen Passive House certification agency. b) A completed Rider executed with the General Contractor which describes the obligations of the GC to: 1) Become knowledgeable about Passive House design and construction 2) Help facilitate Passive House certification in collaboration with the Passive House Consultant 3) Comply with FHI program requirements, Contractor must agree to comply with the applicable HPD/NYSERDA Technical Requirements as listed in Exhibit B (the “Technical Requirements”) 4) Track Approved NYSERDA Scope item costs 5) Acknowledge the documentation requirements for Initiative milestone submissions c) Prior to closing, NYSERDA and/or the TAP must approve the full NYSERDA Scope(s) of Work with an updated budget based on bid responses. d) If Owner provides or contracts separately for laundry equipment, the Owner must ensure the equipment meets the requirements of the FHI Program. e) Owner shall adhere to all requirements and directives described on the Future Housing Initiative Program Description and all other Program documents. f) Owner acknowledges that the general contractor is subject to approval by NYSERDA and HPD. g) Owner shall cause any lender to the Project to invite NYSERDA to any construction progress meetings and shall send to NYSERDA copies of any reports related to project status, allocation of funds, change orders (adds or deducts), cos...
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OWNER COMMITMENTS. 5.1. Owner agrees, within thirty days after the Effective Date of this Agreement, to provide to the Escrow Holder a conditional offer to dedicate the Dedication Area to the City, in a fully executed format suitable for recording and approved as to form and content by the City and Owner. The Parties agree to meet and confer and confirm in writing within that thirty-day period their agreement to the form of the conditional offer of dedication, which shall dedicate the Dedication Area as described in Exhibits C-1, C-2, C-3, and C-4 subject to the conditions in this Agreement. 5.2. Owner further agrees that, if the City finally approves the Rezoning Approvals and Vesting Tentative Map, which means all appeal or referendum periods for such approvals have expired without successful challenge or referendum, and the other specified 5.3. Owner agrees to provide from a title company acceptable to both Parties a C.L.T.A. owner’s policy of title insurance confirming Owner as fee owner of the Dedication Area before the Close of Escrow. 5.4. Local Preference Program for New Housing: Developer is required to comply with the Xxxxx-South Xxxxxxxx Specific Plan local preference program requirements for
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OWNER COMMITMENTS 
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Related to OWNER COMMITMENTS

  • Other Commitments (1) If provisions in the legislation of either Contracting Party or rules of international law entitle investments by investors of the other Contracting Party to treatment more favourable than is provided for by this Agreement, such provisions shall to the extent that they are more favourable prevail over this Agreement. (2) Each Contracting Party shall observe any obligation it has assumed with regard to investments in its territory by investors of the other Contracting Party.

  • Revolving Commitments (a) Subject to the terms and conditions hereof, each Lender severally agrees to make revolving credit loans (“Revolving Loans”) to the Borrower from time to time on any Business Day during the Commitment Period, at such times as the Borrower may request in accordance with Section 2.2, in an aggregate principal amount at any one time outstanding which, when added to such Lender’s Applicable Percentage of the aggregate principal amount of Swingline Loans then outstanding, does not exceed the amount of such Lender’s Commitment; provided, however, that (i) no Revolving Loan shall be made to the extent the aggregate unpaid principal amount of all Loans would exceed the Total Commitments, (ii) no Borrowing Base A Loans shall be made to the extent that the aggregate unpaid principal amount of all Borrowing Base A Loans would exceed the aggregate Loan Value of the Pledged Eligible Assets (including the Pledged Eligible Assets referred to in Section 2.2(a)(ii) with respect to such Revolving Loan) and (iii) no Borrowing Base B Loans shall be made to the extent that the aggregate amount of all Borrowing Base B Loans would exceed the Borrowing Base B Limit; provided further that Borrowing Base B Loans may not be borrowed on any date in any rolling period of 90 consecutive days if Borrowing Base B Loans have already been outstanding for 30 days during such period. During the Commitment Period, the Borrower may borrow, prepay the Revolving Loans in whole or in part, and reborrow, all in accordance with the terms and conditions hereof. (b) The Borrower shall repay all outstanding Revolving Loans on the Termination Date. (c) The failure of any Lender to make any Revolving Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Revolving Loans as required.

  • Revolving Loan Commitments (a) Subject to the terms and conditions set forth herein, each Revolving Lender, severally and not jointly, shall (i) make Revolving Loans (other than Revolving LC Loans) to the Borrower during the Revolving Loan Availability Period, in an aggregate principal amount not in excess of such Revolving Lender’s Available Revolving Loan Commitment and (ii) participate in the issuance of any Revolving LCs (and any drawings of the Revolving LC Available Amounts thereunder) from time to time during the Revolving Loan Availability Period in an aggregate outstanding principal amount not in excess of such Revolving Lender’s Revolving Loan Commitment. (b) After giving effect to the making of any Revolving Loans (other than Revolving LC Loans), the aggregate outstanding principal amount of all Revolving Loans shall not exceed the Available Aggregate Revolving Loan Commitment at such time. (c) Each Revolving Loan Borrowing shall be in an amount specified in a Borrowing Notice delivered pursuant to Section 2.7. (d) Proceeds of the Revolving Loans (other than Revolving LC Loans which shall be used to repay the Revolving LC Issuing Bank for Revolving LC Disbursements) shall be used solely for (i) the payment of transaction fees and expenses, (ii) payment of gas purchase, hedging, transportation, balancing and storage costs and expenses (including to meet credit support requirements under gas purchase, hedging, transportation, balancing or storage agreements), (iii) to provide credit support as may be required from time to time under Project-related agreements on behalf of the Borrower or the RG Facility Entities, (iv) to fund in cash or to issue Revolving LCs to satisfy the DSRA Reserve Amount in respect of any Senior Secured Debt Instrument, and (v) other working capital and other general corporate purposes. (e) Revolving Loans repaid or prepaid may be re-borrowed at any time and from time to time until the expiration of the Revolving Loan Availability Period.

  • The Letter of Credit Commitments (a) Subject to the terms and conditions set forth herein, (i) each Issuing Bank agrees, in reliance upon the agreements of the other Revolving Lenders set forth in this Section 2.03, (A) from time to time on any Business Day during the period from the Closing Date until the L/C Expiration Date, to issue Letters of Credit denominated in Dollars for the account of Holdings (to the extent not prohibited under Section 7.09), the Borrower or any of the Borrower’s Restricted Subsidiaries (so long as the Borrower is a co-applicant and jointly and severally liable thereunder) (provided that any such Letter of Credit may be for the benefit of Holdings or any Subsidiary of the Borrower) and to amend or extend Letters of Credit previously issued by it, in accordance with Section 2.03(2), and (B) to honor drawings under the Letters of Credit and (ii) the Revolving Lenders severally agree to participate in Letters of Credit issued pursuant to this Section 2.03; provided that no Issuing Bank shall be obligated to make any L/C Credit Extension with respect to any Letter of Credit, and no Lender shall be obligated to participate in any Letter of Credit if as of the date of such L/C Credit Extension, (x) the Revolving Exposure of any Revolving Lender would exceed such Lender’s Revolving Commitment or (y) the Outstanding Amount of the L/C Obligations would exceed the L/C Sublimit. The Existing Letters of Credit shall be deemed to be “Letters of Credit” issued on the Closing Date for all purposes of the Loan Documents. Within the foregoing limits, and subject to the terms and conditions hereof, the Borrower’s ability to obtain Letters of Credit shall be fully revolving, and accordingly the Borrower may, during the foregoing period, obtain Letters of Credit to replace Letters of Credit that have expired or that have been drawn upon and reimbursed. (b) An Issuing Bank shall be under no obligation to issue any Letter of Credit (other than, for the avoidance of doubt, the Existing Letters of Credit) if: (i) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such Issuing Bank from issuing such Letter of Credit, or any Law applicable to such Issuing Bank or any directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over such Issuing Bank shall prohibit, or direct that such Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon such Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which such Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon such Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the Closing Date (for which such Issuing Bank is not otherwise compensated hereunder); (ii) subject to Section 2.03(2)(c), the expiry date of such requested Letter of Credit would occur more than twelve months after the date of issuance or last extension, unless (A) each Appropriate Lender has approved of such expiration date or (B) the Outstanding Amount of L/C Obligations in respect of such requested Letter of Credit has been Cash Collateralized or back-stopped by a letter of credit reasonably satisfactory to the applicable Issuing Bank prior to the date that is twelve months after the date of issuance thereof; (iii) subject to Section 2.03(2)(c), the expiry date of such requested Letter of Credit would occur after the L/C Expiration Date, unless (I) each Appropriate Lender has approved of such expiration date or (II) the Outstanding Amount of L/C Obligations in respect of such requested Letter of Credit has been Cash Collateralized or back-stopped by a letter of credit reasonably satisfactory to the applicable Issuing Bank prior to the L/C Expiration Date; (iv) the issuance of such Letter of Credit would violate any policies of such Issuing Bank applicable to letters of credit generally; provided that no Issuing Bank shall be required to issue either (A) letters of guarantee or bankers’ acceptances or (B) commercial letters of credit, in each case without its consent; or (v) any Revolving Lender is at that time a Defaulting Lender, unless such Issuing Bank has entered into arrangements, including the delivery of Cash Collateral, satisfactory to such Issuing Bank (in its sole discretion) with the Borrower or such Lender to eliminate such Issuing Bank’s actual or potential Fronting Exposure (after giving effect to Section 2.17(1)(d)) with respect to the Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other L/C Obligations as to which such Issuing Bank has actual or potential Fronting Exposure, as it may elect in its sole discretion. (c) An Issuing Bank shall be under no obligation to amend any Letter of Credit if (i) such Issuing Bank would have no obligation at such time to issue such Letter of Credit in its amended form under the terms hereof or (ii) the beneficiary of such Letter of Credit does not accept the proposed amendment to such Letter of Credit.

  • Letter of Credit Commitments (a) Subject to the terms and conditions hereof and the execution and delivery by the applicable Borrower of a letter of credit application on the Administrative Agent’s customary form (a “Letter of Credit Application”), the Issuing Bank on behalf of the Lenders and in reliance upon the agreement of the Lenders set forth in this §4.1 and upon the representations and warranties of the applicable Borrower contained herein, agrees, in its individual capacity, to issue, extend and renew for the account of the applicable Borrower one or more standby or documentary letters of credit denominated in Dollars or in one or more Alternative Currencies (individually, a “Letter of Credit”), in such form as may be requested from time to time by the applicable Borrower and agreed to by the Issuing Bank and the Administrative Agent; provided, however, that, after giving effect to such request, (a) the sum of the aggregate Maximum Drawing Amount and all Unpaid Reimbursement Obligations shall not exceed the Letter of Credit Sublimit at any one time and (b) the sum of (I) the Maximum Drawing Amount on all Letters of Credit, (II) all Unpaid Reimbursement Obligations, and (III) the amount of all Loans outstanding shall not exceed the Total Commitment at such time. (b) The Issuing Bank shall not issue any Letter of Credit, if: (i) Subject to §4.1(c), the expiry date of such requested Letter of Credit would occur more than twelve months after the date of issuance or last extension; or (ii) the expiry date of such requested Letter of Credit would occur after the Letter of Credit Expiration Date. (c) The Issuing Bank shall not be under any obligation to issue any Letter of Credit if: (i) any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain the Issuing Bank from issuing such Letter of Credit, or any Law applicable to the Issuing Bank or any request or directive (whether or not having the force of law) from any Governmental Authority with jurisdiction over the Issuing Bank shall prohibit, or request that the Issuing Bank refrain from, the issuance of letters of credit generally or such Letter of Credit in particular or shall impose upon the Issuing Bank with respect to such Letter of Credit any restriction, reserve or capital requirement (for which the Issuing Bank is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Bank any unreimbursed loss, cost or expense which was not applicable on the date hereof and which the Issuing Bank in good xxxxx xxxxx material to it; (ii) the issuance of such Letter of Credit would violate (A) any Laws or (B) one or more policies of the Issuing Bank, provided that such policies have been disclosed to the Borrowers prior to the request for the issuance of such Letter of Credit; (iii) except as otherwise agreed by the Administrative Agent and the Issuing Bank, such Letter of Credit is in an initial face amount less than $100,000; (iv) except as otherwise agreed by the Administrative Agent and the Issuing Bank, such Letter of Credit is to be denominated in a currency other than Dollars or an Alternative Currency; (v) the Issuing Bank does not as of the issuance date of such requested Letter of Credit issue Letters of Credit in the requested currency; (vi) such Letter of Credit contains any provisions for automatic reinstatement of the stated amount after any drawing thereunder; or (vii) any Lender is at that time a Defaulting Lender, unless the Issuing Bank has entered into arrangements, including the delivery of Cash Collateral, satisfactory to the Issuing Bank (in its sole discretion) with the applicable Borrower or such Lender to eliminate the Issuing Bank’s actual or potential Fronting Exposure (after giving effect to §5.14.1(d)) with respect to the Defaulting Lender arising from either the Letter of Credit then proposed to be issued or that Letter of Credit and all other Letter of Credit Obligations as to which the Issuing Bank has actual or potential Fronting Exposure, as it may elect in its sole discretion.

  • Total Commitment The sum of the Commitments of the Banks, as in effect from time to time.

  • Term Loan Commitments Subject to the terms and conditions hereof, and relying upon the representations and warranties herein set forth, each Lender severally agrees to make a term loan (the “Term Loan”) to the Borrower on the Closing Date in such principal amount as the Borrower shall request up to, but not exceeding such Lender’s Term Loan Commitment.

  • Commitments (a) Subject to the terms and conditions set forth herein, each Lender (acting through any of its branches or affiliates) severally, but not jointly, agrees to make Loans (other than Swingline Loans which shall be governed by Section 2.09) in U.S. dollars to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in (i) such Lender’s Revolving Credit Exposure exceeding such Lender’s Commitment or (ii) the total Revolving Credit Exposures exceeding the total Commitments. Within the foregoing limits and subject to the terms and conditions set forth herein, the Borrower may borrow, repay and reborrow the Loans. (b) On the terms and conditions set forth herein, upon the Effective Date (i) the Pre-Petition Loans held by the Pre-Petition Lenders which are also Lenders (or Affiliates of Lenders) hereunder shall be automatically substituted and exchanged for (and repaid by) Loans hereunder on a dollar-for-dollar basis (and such Pre-Petition Loans shall be deemed refinanced on the Effective Date, and shall constitute and be deemed to be Loans hereunder as of such date) and (ii) the DIP Loans held by the DIP Lenders which are also Lenders (or Affiliates of Lenders) hereunder shall be automatically substituted and exchanged for (and repaid by) Loans hereunder on a dollar-for-dollar basis (and such DIP Loans shall be deemed refinanced on the Effective Date, and shall constitute and shall be deemed to be Loans for all purposes hereunder and under the other Loan Documents as of such date) (the loans in clause (i) and clause (ii) collectively, the “Existing Loans”). Without limiting the foregoing, such Existing Loans shall be allocated among the Lenders based on each Lender’s Applicable Percentage. The parties hereto acknowledge and agree that on the Effective Date, any accrued and unpaid interest (other than, for the avoidance of doubt, the Specified Default Interest (as defined in the Prepackaged Plan) and fees due in respect of the DIP Loans, the Pre-Petition Loans and the Existing Letters of Credit) shall be deemed to constitute Indebtedness.

  • No Commitments Any commitment or transaction by Company (including, without limitation, any borrowing or capital expenditure) other than in the ordinary course of business consistent with past practice;

  • Capital Commitments (a) The Partnership may from time to time, in the discretion of the Managing General Partner, issue additional Partnership Units and admit additional Limited Partners to the Partnership. Any Person that acquires Partnership Units for cash (an “Investor”) will acquire such Units pursuant to an agreement (a “Subscription Agreement”) between such Investor and the Partnership pursuant to which such Investor agrees to acquire, and the Partnership agrees to issue, Partnership Units in exchange for Capital Contributions in cash on such terms and conditions as are provided in this Agreement and as may be provided in such Subscription Agreement. A Subscription Agreement shall become effective as of the date it has been executed and delivered by the Investor party thereto and accepted by the Managing General Partner on behalf of the Partnership. Units issuable pursuant to a Subscription Agreement may be issuable in installments, with each installment being issuable, and the Capital Contribution therefor being payable, in accordance with calls for capital (“Capital Calls”) issued pursuant to written notice (the “Capital Call Notice”) to the Investor party to such Subscription Agreement. The total purchase price payable by any Investor under a Subscription Agreement for the Units issuable pursuant thereto is referred to as such Investor’s “Capital Commitment”. Each Investor which acquires any Units pursuant to a Subscription Agreement shall be deemed to be admitted to the Partnership as a Partner immediately upon the payment of the purchase price for the first Units so issued to such Investor. The aggregate amount of Capital Contributions made by a Partner (in cash or property) is referred to herein as such Partner’s “Funded Commitment”, and the portion of the Capital Commitment provided for in any Subscription Agreement that remains unpaid after any closing of a purchase and issuance of Units thereto shall be referred to as the “Unfunded Commitment” of the Partner party to such Subscription Agreement. Except as provided in Section 11.4(c), in no event will any Partner be required to contribute any capital to the Partnership in excess of such Partner’s Capital Commitment. (b) If at any time the Managing General Partner determines to raise capital by issuing Capital Calls to Partners having Unfunded Commitments, it shall generally issue such Capital Calls pro rata to each such Partner in proportion to the Unfunded Commitment of each such Partner. However, the Managing General Partner may, in its discretion, issue Capital Calls other than pro rata to the extent required by the terms of any Subscription Agreement or other agreement between the Partnership or the Managing General Partner and one or more Partners, or if the Managing General Partner otherwise deems it advisable to issue Capital Calls in some manner other than pro rata (for example, to assist in achieving or maintaining the status of any REIT in which the Partnership has a direct or indirect interest as a “domestically controlled” REIT). Each Capital Call Notice issued by the Managing General Partner shall specify the account to which Capital Contributions are to be delivered pursuant thereto and the date on which such Capital Contributions are due (“Payment Date”), which date shall be no sooner than ten Business Days after the date such Capital Call Notice is issued. All Capital Contributions made on or before the Payment Date specified in a Capital Call Notice shall be deemed to have been made on such Payment Date.

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