Participation in Equipment Cost Sample Clauses

Participation in Equipment Cost. (a) Subject to the terms and conditions hereof and on the basis of the representations and warranties set forth herein, on each applicable Acceptance Date, each Holder agrees to participate in the payment of the Equipment Cost for the Units delivered on such Acceptance Date by making a Holder Advance to the Owner Trustee (payable to the Agent for the benefit of the Owner Trustee) in an amount equal to the product of the Equity Percentage of the aggregate Equipment Cost for the Units delivered on such Acceptance Date and the percentage set forth opposite such Holder's name for the particular Class of Equipment in Schedule 1 (the aggregate amount of such Holder Advances from all Holders for all Classes of Equipment being referred to herein as the "Aggregate Holder Funded Amount"). The portion of the Aggregate Holder Funded Amount for each Class of Equipment shall not exceed the aggregate Holder Class Commitment for such
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Participation in Equipment Cost. (a) Subject to the terms and conditions hereof and on the basis of the representations and warranties set forth herein, on each applicable Commencement Date, each Holder hereby agrees that it shall participate in the payment of the Equipment Cost for the Units delivered on such Commencement Date by making a Holder Advance to the Owner Trustee (payable to the Administrative Agent for the benefit of the Owner Trustee) in an amount equal to the product of the Equity Percentage of the aggregate Equipment Cost for the Units delivered on such Commencement Date and such Holder's Pro Rata Share percentage set forth opposite such Holder's name on the signature pages of the Trust Agreement (collectively, the "Aggregate Holder Funded Amount"). The Lessee shall not request, pursuant to a Certificate of Delivery and Acceptance or otherwise, that the Owner Trustee obtain a Holder Advance (and the Holders shall have no obligation to make any Holder Advances regarding any Equipment) in excess of the unused portion of the Holder Commitments. Each Holder shall pay its respective portion of the Aggregate Holder Funded Amount required on each applicable Commencement Date to the Administrative Agent to be held and applied by the Administrative Agent toward the payment of the Equipment Cost for the Units accepted on such Commencement Date as provided in Section 2.3. (b) Subject to the terms and conditions hereof and on the basis of the representations and warranties set forth herein, on each applicable Commencement Date, each Lender hereby agrees that it shall participate in the payment of the Equipment Cost for the Units delivered on such Commencement Date by making a Loan Advance to the Owner Trustee (payable to the Administrative Agent for the benefit of the Owner Trustee) in an amount equal to the product of the Debt Percentage of the aggregate Equipment Cost for the Units delivered on such Commencement Date and the Lender's Pro Rata Share percentage set forth opposite such Lender's name on the signature pages of the Loan Agreement (collectively, the "Aggregate Lender Funded Amount"). The Lessee shall not request, pursuant to a Certificate of Delivery and Acceptance or otherwise, that the Owner Trustee obtain a Loan (and the Lenders shall have no obligation to make any Loan Advances regarding any Equipment) in excess of the unused portion of the Lender Commitments. Each Lender shall pay its respective portion of the Aggregate Lender Funded Amount required on each applicable...
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Participation in Equipment Cost. (a) Equity Participation. Subject to the terms and conditions hereof and on the basis of the representations and warranties set forth herein, on the Closing Date the Owner Participant agrees to participate in the payment of the Equipment Cost for the Units delivered on the Closing Date by making an equity investment in the beneficial ownership of such Units in the amount equal to the product of the aggregate Equipment Cost for the Units delivered on the Closing Date and the percentage set forth opposite the Owner Participant's name in Schedule 2 (the Owner Participant's "Commitment"). The aggregate amount of the ---------- Owner Participant's Commitment plus the aggregate amount of Transaction Costs payable by the Owner Participant shall not exceed $23,098,365. The Owner Participant's Commitment shall be paid to the Indenture Trustee to be held (but not as part of the Indenture Estate) and applied on behalf of the Owner Trustee toward the payment of the Equipment Cost for the Units as provided in Section 2.3.
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Participation in Equipment Cost 
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Related to Participation in Equipment Cost

  • Replacement Cost The term “full replacement cost” as used herein shall mean the actual replacement cost of the Leased Property requiring replacement from time to time including an increased cost of construction endorsement, if available, and the cost of debris removal. In the event either party believes that full replacement cost (the then-replacement cost less such exclusions) has increased or decreased at any time during the Lease Term, it shall have the right to have such full replacement cost re-determined.

  • Project Cost An updated cost spreadsheet reflecting the current forecasted cost vs. the latest approved budget vs. the baseline budget should be included in this section. One way to track project cost is to show: (1) Baseline Budget, (2) Latest Approved Budget, (3) Current Forecasted Cost Estimate, (4) Expenditures or Commitments to Date, and (5) Variance between Current Forecasted Cost and Latest Approved Budget. Line items should include all significant cost centers, such as prior costs, right-of-way, preliminary engineering, environmental mitigation, general engineering consultant, section design contracts, construction administration, utilities, construction packages, force accounts/task orders, wrap-up insurance, construction contingencies, management contingencies, and other contingencies. The line items can be broken-up in enough detail such that specific areas of cost change can be sufficiently tracked and future improvements made to the overall cost estimating methodology. A Program Total line should be included at the bottom of the spreadsheet. Narratives, tables, and/or graphs should accompany the updated cost spreadsheet, basically detailing the current cost status, reasons for cost deviations, impacts of cost overruns, and efforts to mitigate cost overruns. The following information should be provided:

  • As to Equipment and Inventory Grantor hereby agrees that it shall: (a) keep all the Equipment and Inventory (other than Inventory in transit and Inventory sold in the ordinary course of business) at the places therefor specified in Section 3.1.1 or, upon 30 days' prior written notice to Agent, at such other places in a jurisdiction where all representations and warranties set forth in Article III (including Section 3.1.6) shall be true and correct, and all action required pursuant to the first sentence of Section 4.1.7 shall have been taken with respect to the Equipment and Inventory; (b) with respect to any Equipment or Inventory in the possession or control of any Third Party or any of Grantor's agents, notify such Third Party or agent of Agent's security interest in such Equipment or Inventory and, upon Agent's request following the occurrence and during the continuance of an Event of Default, direct such Third Party or agent to hold all such Equipment or Inventory for Agent's account and subject to Agent's instructions; (c) cause the Equipment to be maintained and preserved in the same condition, repair and working order as when new, ordinary wear and tear excepted, and in accordance with any manufacturer's manual; and forthwith, or in the case of any material loss or damage to any of the Equipment, as quickly as practicable after the occurrence thereof, make or cause to be made all repairs, replacements, and other improvements in connection therewith which are necessary or desirable to such end; and promptly furnish to Agent a statement respecting any loss or damage to any of the Equipment within ten (10) business days after Grantor obtains knowledge of any such loss or damage; and (d) pay promptly when due all property and other taxes, assessments and governmental charges or levies imposed upon, and all claims (including claims for labor, materials and supplies) against, the Equipment and Inventory, except to the extent the validity thereof is being contested in good faith by appropriate proceedings and for which adequate reserves in accordance with Generally Accepted Accounting Principles have been set aside.

  • Location of Equipment and Inventory All Equipment and Inventory are (i) located at the locations indicated on Schedule 4 (ii) in transit to such locations or (iii) in transit to a third party purchaser which will become obligated on a Receivable to the Debtor upon receipt. Except for Equipment and Inventory referred to in clauses (ii) and (iii) of the preceding sentence, the Debtor has exclusive possession and control of the Inventory and Equipment.

  • PARTICIPATION IN CENTRALIZED CONTRACTS a. Agencies All State Agencies may utilize and purchase under any Centralized Contract let by the Commissioner, unless the Bid Documents limit purchases to specific State Agencies. b. Non-State Agency Authorized Users Authorized Users other than State Agencies are permitted to make purchases through Centralized Contracts where permitted by law, the Contract or the Commissioner. c. Voluntary Extension Purchase Orders issued against a Centralized Contract by any Authorized User not provided for in the Bid Specifications shall be honored by the Contractor at its discretion and only with the approval of the OGS Commissioner and any other approvals required by law. Contractors are encouraged to voluntarily extend service Contracts to those additional entities authorized to utilize commodity Contracts under Section 163(3)(a)(iv) of the State Finance Law. d. Responsibility for Performance Participation in Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-State Agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by the non-State Agency Authorized User’s

  • Equipment and Inventory With respect to any Equipment and/or Inventory of an Obligor, each such Obligor has exclusive possession and control of such Equipment and Inventory of such Obligor except for (i) Equipment leased by such Obligor as a lessee or (ii) Equipment or Inventory in transit with common carriers. No Inventory of an Obligor is held by a Person other than an Obligor pursuant to consignment, sale or return, sale on approval or similar arrangement.

  • Protective Equipment Licensee, and its employees and contractors, shall utilize and install adequate protective equipment to ensure the safety of people and facilities, consistent with Applicable Standards. Licensee shall at its own expense install protective devices designed to handle the voltage and current impressed on its Communications Facilities in the event of a contact with the supply conductor, as specified in Applicable Standards. Except as provided in Article 15.1, District shall not be liable for any actual or consequential damages to Licensee’s Communications Facilities or Licensee’s customers’ facilities.

  • Tenant’s Pro Rata Share For the period commencing with the Expansion Effective Date and ending on the Termination Date, Tenant’s Pro Rata Share for the Expansion Space is one point one five percent (1.15%).

  • At Cost Any of the above services when performed outside regular working hours of Agent may be billed at 150 percent of the above.

  • SIGNIFICANT LANDS INVENTORY FINDING Find that this activity is consistent with the use classification designated by the Commission for the land pursuant to Public Resources Code section 6370 et seq.

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