Principal Facility Documents; Facility Trust and Security Instruments Sample Clauses

Principal Facility Documents; Facility Trust and Security Instruments. 1.4.1 Concurrently with the Effective Date, Developer has entered into the Facility Trust Agreement and the other Facility Trust and Security Instruments. TxDOT is either a party thereto or an express, intended third party beneficiary thereof. Developer at its expense shall be solely responsible for posting any indemnity bond or other security the trustee may require in connection with its services under the Facility Trust Agreement.
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Principal Facility Documents; Facility Trust and Security Instruments. 1.4.1 To the extent not reviewed and approved by TxDOT prior to the Effective Date, the Principal Facility Documents and any amendments thereto shall be subject to TxDOT’s prior review and approval for consistency with the CDA Documents and to confirm such documents do not adversely affect Developer’s ability to carry out its duties under the CDA Documents, increase TxDOT’s liability or materially adversely affect TxDOT’s step-in rights. Routine non- material change orders, deviations and waivers in the ordinary course of business under the Design-Build Contract and O&M Contracts will not require TxDOT’s prior written approval except to the extent otherwise provided in the NTTA Tolling Services Agreement, but Developer shall assure that the same are consistent with the CDA Documents and do not adversely affect Developer’s ability to carry out its duties under the CDA Documents.
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Principal Facility Documents; Facility Trust and Security Instruments. 1.4.1 To the extent not approved by TxDOT prior to the Effective Date, the Principal Facility Documents (except the NTTA Tolling Services Agreement) and any amendments thereto shall be subject to TxDOT’s prior written approval for consistency with the CDA Documents and to confirm such documents do not adversely affect Developer’s ability to carry out its duties under the CDA Documents, increase TxDOT’s liability or materially adversely affect TxDOT’s step-in rights. Routine non-material change orders, deviations and waivers in the ordinary course of business under the Design-Build Contract and O&M Contracts (except the NTTA Tolling Services Agreement) will not require TxDOT’s prior written approval, but Developer shall assure that the same are consistent with the CDA Documents and do not adversely affect Developer’s ability to carry out its duties under the CDA Documents. Refer to Section 8.2.2.2 for provisions on amendment of the NTTA Tolling Services Agreement.
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Principal Facility Documents; Facility Trust and Security Instruments. 1.4.1 Prior to or at Financial Close, Developer entered into the Facility Trust Agreement in substantially the form attached as Exhibit 30 to the 2013 Agreement and the other Facility Trust and Security Instruments to which Developer is a party. The Facility Trust Agreement was amended and restated in its entirety as of July 7, 2017, and may be further amended as of the Amendment Effective Date in substantially the form attached as Exhibit 30, if necessary to include the Segment 3C Facility Segment. TxDOT is either a party to the Facility Trust Agreement or an express, intended third party beneficiary thereof. Developer at its expense shall be solely responsible for posting any indemnity bond or other security the trustee may require in connection with its services under the Facility Trust Agreement.
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Related to Principal Facility Documents; Facility Trust and Security Instruments

  • Loan Documents Borrower shall provide to Lender the following documents for the Loan: (1) the Note; (2) Security Agreements granting to Lender security interests in the Collateral; (3) financing statements and all other documents perfecting Lender's Security Interests; (4) evidence of insurance as required below; (5) together with all such Related Documents as Lender may require for the Loan; all in form and substance satisfactory to Lender and Lender's counsel.

  • CREDIT AND COLLATERAL EXCEPTIONS (1) Within sixty (60) days the Board shall obtain current and satisfactory credit information on all loans lacking such information, including those listed in the XXX, in any subsequent Report of Examination, in any internal or external loan review, or in any listings of loans lacking such information provided to management by the National Bank Examiners at the conclusion of an examination.

  • Security Documents The due and punctual payment of the principal of, interest, Additional Amounts and premium, if any, on the Notes and any Note Guarantee when and as the same shall be due and payable, whether on an interest payment date, at maturity, by acceleration, repurchase, redemption or otherwise, and interest on the overdue principal of and interest and Additional Amounts (to the extent permitted by law), if any, on the Notes and any Note Guarantee and performance of all other obligations of the Issuer and any Guarantor to the Holders of Notes, the Trustee and the Security Agent under this Indenture, the Notes and any Note Guarantee, according to the terms hereunder or thereunder, are secured as provided in the Collateral Documents and the Intercreditor Agreement. Each Holder of Notes, by its acceptance thereof, consents and agrees to the terms of the Collateral Documents and the Intercreditor Agreement and any additional intercreditor agreement (including, without limitation, the provisions providing for foreclosure and release of Collateral and authorizing the Security Agent to enter into any Collateral Document on its behalf) as the same may be in effect or may be amended from time to time in accordance with its terms and authorizes and directs the Security Agent to enter into the Collateral Documents and the Intercreditor Agreement and any additional intercreditor agreement and to perform its obligations and exercise its rights thereunder in accordance therewith. The Issuer will deliver to the Trustee copies of all documents delivered to the Security Agent pursuant to the Collateral Documents, and the Issuer and the Parent will, and the Parent will cause each of its Restricted Subsidiaries to, do or cause to be done all such acts and things as may be required, or which the Security Agent from time to time may reasonably request, to assure and confirm to the Trustee that the Security Agent holds, for the benefit of the Trustee and the Holders, duly created, enforceable and perfected Liens as contemplated hereby and by the Collateral Documents and the Intercreditor Agreement, so as to render the same available for the security and benefit of this Indenture and of the Notes and any Note Guarantee secured hereby, according to the intent and purposes herein expressed. The Issuer and any Guarantor will each take, and will cause their respective Restricted Subsidiaries to take (including as may be requested by the Trustee) any and all actions reasonably required to cause the Collateral Documents and the Intercreditor Agreement to create and maintain, as security for the Obligations of the Issuer and any Guarantor hereunder, in respect of the Collateral, valid and enforceable perfected Liens in and on such Collateral ranking in right and priority of payment as set forth in the Intercreditor Agreement and subject to no other Liens other than as permitted by the terms of this Indenture and the Intercreditor Agreement.

  • The Loan Section 2.01. The Bank agrees to lend to the Borrower, on the terms and conditions set forth or referred to in the Loan Agreement, various currencies that shall have an aggregate value equivalent to the amount of one hundred million dollars ($100,000,000), being the sum of withdrawals of the proceeds of the Loan, with each withdrawal valued by the Bank as of the date of such withdrawal.

  • Intercreditor Agreement By accepting a Note, each Holder is deemed to acknowledge that the obligations of the Company under the First Lien Credit Agreement and Refinancing Indebtedness in respect thereof are and shall be secured by Liens on assets of the Company and the other Grantors that constitute Collateral under the Security Documents and that the relative Lien priorities and other creditor rights of the Holders hereunder and the secured parties thereunder will be set forth in the Intercreditor Agreement. By accepting a Note, each Holder is deemed to acknowledge that it has received a copy of the Intercreditor Agreement. By accepting a Note, each Holder is deemed to (a) consent to the subordination of the Liens on the Collateral securing the Notes and the Subsidiary Guarantees on the terms set forth in the Intercreditor Agreement, authorize and direct the Trustee and the Collateral Agent to execute and deliver the Intercreditor Agreement and any documents relating thereto, in each case on behalf of such Holder and without any further consent, authorization or other action by such Holder, (c) agrees that, upon the execution and delivery thereof, such Holder will be bound by the provisions of the Intercreditor Agreement as if it were a signatory thereto and will take no actions contrary to the provisions of the Intercreditor Agreement and (d) agrees that no Holder shall have any right of action whatsoever against the Trustee or the Collateral Agent as a result of any action taken by the Trustee or the Collateral Agent pursuant to this Section 14.04 or in accordance with the terms of the Intercreditor Agreement. By accepting a Note, each Holder is deemed to further irrevocably authorize and direct the Trustee and the Collateral Agent (i) to take such actions as shall be required to release Liens on the Collateral in accordance with the terms of the Intercreditor Agreement and (ii) to enter into such amendments, supplements or other modifications to the Intercreditor Agreement in connection with any extension, renewal, refinancing or replacement of any Notes or any refinancing indebtedness in respect thereof as are reasonably acceptable to the Trustee and Collateral Agent to give effect thereto, in each case on behalf of such Holder and without any further consent, authorization or other action by such Holder. The Trustee and the Collateral Agent shall have the benefit of the provisions of Article Ten with respect to all actions taken by it pursuant to this Section 14.04 or in accordance with the terms of the Intercreditor Agreement to the full extent thereof.

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