Required Fuel Supply Agreements Generally Sample Clauses

Required Fuel Supply Agreements Generally. For purposes of clarity, the parties expressly agree that Fuel Supply Agreements which do not constitute Required Fuel Supply Agreements (as hereinafter defined) also do not constitute Support Documents. As used herein, the term “Required Fuel Supply Agreements” means one or more Fuel Supply Agreements that satisfy the following requirements: (i) such Fuel Supply Agreements have a minimum term of not less than the term of the Term Note; (ii) the collective projected Revenues from such Fuel Supply Agreements, when combined with Revenues projected under the Power Purchase Agreement and Compost Agreement (in each case, as determined by the Financial Model then in effect), shall be not less than one hundred and five percent (105%) of the sum of the amounts to be transferred from the Revenue Account for operating expenses and payment Obligations owed by Borrower to Lender (as more accurately described in Sections 4(a) through 4(e) of the Cash Application Hierarchy Provisions, inclusive); (iii) such Fuel Supply Agreements shall provide the Project the same quantity and same ratio of types of feedstock as specified by the Project’s design parameters stated in the EPC Agreement, including as described in Annex 6 (Laboratory analysis of substrates) and Annex 14 (Table of Quality and Quantity of Substrates Deviances) thereto, and as required by the then-current Financial Model; (iv) such Fuel Supply Agreements shall include a clear description of the quantity, quality and appropriate damages addressing receipt of less than desired amounts and qualities (it being acknowledged that this subsection (iv) does not require a liquidated damages provision as a remedy); (v) such Fuel Supply Agreement shall include satisfactory provisions for the stated price per ton of feedstock provided; (vi) such Fuel Supply Agreements are with counterparties acceptable to Lender and are otherwise in a form and substance acceptable to Lender; and (vii) such Fuel Supply Agreements are subject to Required Consents. For purposes of illustration and not of limitation, so long as Required Fuel Supply Agreements are in effect that satisfy this Section 7.08(b), Borrower may, without Lender’s prior written consent, terminate any other Fuel Supply Agreements that are not Required Fuel Supply Agreements.
Sample 1
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Related to Required Fuel Supply Agreements Generally

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  • Second Amendment to Exhibit A to Services Agreement Exhibit A to the Services Agreement shall be, and here by is, supplemented with the following:

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