Common use of Selection to be binding Clause in Contracts

Selection to be binding. The decision of the Lenders’ Representative and the Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated Company. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders’ Representative.

Appears in 5 contracts

Samples: Escrow Agreement, Draft Concession Agreement, Leave and License Agreement

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Selection to be binding. The decision of the Lenders’ Representative and the Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour favor of the Nominated Company. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders’ Representative.

Appears in 4 contracts

Samples: Concession Agreement, Escrow Agreement, Substitution Agreement

Selection to be binding. The decision of the Lenders' Representative and the Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders' Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated Company. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s 's shares. It is hereby acknowledged by the Parties that the rights of the Lenders' Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders' Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders' Representative.

Appears in 3 contracts

Samples: Section 2, Section 2, Concession Agreement

Selection to be binding. The decision of the Lenders’ Lenders‟ Representative and the Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders’ Lenders‟ Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated Company. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s Concessionaire‟s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Lenders‟ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders’ Lenders‟ Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders’ Lenders‟ Representative.

Appears in 3 contracts

Samples: Substitution Agreement, Concession Agreement, Concession Agreement

Selection to be binding. The decision of the Lenders' Representative and the Authority in selection of the Nominated Company Substitute Entity shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders' Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated CompanySubstitute Entity. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s 's shares. It is hereby acknowledged by the Parties that the rights of the Lenders' Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders' Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders' Representative.

Appears in 1 contract

Samples: Concession Agreement

Selection to be binding. 1.4.5.1 The decision of the Lenders’ Representative and the Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated Company. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders’ Representative.

Appears in 1 contract

Samples: Draft Concession Agreement

Selection to be binding. The decision of the Lenders' Representative and the Authority in selection of the Nominated Company shall be final and binding on the ConcessionaireLicensee. The Concessionaire Licensee irrevocably agrees and waives any right to challenge the actions of the Lenders' Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession License in favour of the Nominated Company. The Concessionaire Licensee agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s Licensee's shares. It is hereby acknowledged by the Parties that the rights of the Lenders' Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire Licensee shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders' Representative from effecting or causing the transfer by substitution and endorsement of the Concession License as requested by the Lenders' Representative.

Appears in 1 contract

Samples: Format for Escrow Agreement

Selection to be binding. The decision of the Lenders/Lenders’ Representative and the Concessioning Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Concessioning Authority taken pursuant to this Agreement including the transfer/assignment novation of the Concession Agreement in favour of the Nominated CompanySelectee. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of comprised in the Project or the Concessionaire’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders/Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Concessioning Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Concessioning Authority or the Lenders/Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders/Lenders’ Representative.

Appears in 1 contract

Samples: Concession Agreement

Selection to be binding. The decision of the Lenders’ Representative and the Authority Employer in selection of the Nominated Company shall be final and binding on the ConcessionaireDeveloper. The Concessionaire Developer irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Authority Employer taken pursuant to this Agreement including the transfer/assignment of the Concession Rights in favour of the Nominated Company. The Concessionaire Developer agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the ConcessionaireDeveloper’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority Employer and the Concessionaire Developer shall have no right or remedy to prevent, obstruct or restrain the Authority Employer or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession Rights as requested by the Lenders’ Representative.

Appears in 1 contract

Samples: Project Development and Implementation Agreement

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Selection to be binding. The decision of the Lenders’ Representative and the Concessioning Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Concessioning Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated Company. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Concessioning Authority and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Concessioning Authority or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders’ Representative.

Appears in 1 contract

Samples: Concession Agreement

Selection to be binding. The decision of the Senior Lenders/Senior Lenders’ Representative and the Authority in selection of the Nominated Company shall be final and binding on the ConcessionaireOperator. The Concessionaire Operator irrevocably agrees and waives any right to challenge the actions of the Senior Lenders’ Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment novation of the Concession Agreement in favour of the Nominated CompanySelectee. The Concessionaire Operator agrees and confirms that it shall not have any right to seek revaluation of assets of comprised in the Project or the ConcessionaireOperator’s shares. It is hereby acknowledged by the Parties that the rights of the Senior Lenders/Senior Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority and the Concessionaire Operator shall have no right or remedy to prevent, obstruct or restrain the Authority or the Senior Lenders/Senior Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession Agreement as requested by the Senior Lenders/Senior Lenders’ Representative.

Appears in 1 contract

Samples: Substitution Agreement

Selection to be binding. The decision of the Lenders’ Representative and the Authority in selection of the Nominated Company shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Authority taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated Company. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority Government and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders’ Representative.

Appears in 1 contract

Samples: Model] Substitution Agreement

Selection to be binding. The decision of the Lenders’ Representative and the Authority of NMC in selection of the Nominated Company Contractor shall be final and binding on the ConcessionaireContractor. The Concessionaire Contractor irrevocably agrees and waives any right to challenge the actions of the Lenders’ Representative or the Senior Lenders or the Authority of NMC taken pursuant to this Agreement including the transfer/assignment of the Concession Contract in favour of the Nominated CompanyContractor. The Concessionaire Contractor agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the ConcessionaireContractor’s shares. It is hereby acknowledged by the Parties that the rights of the Lenders’ Representative are irrevocable and shall not be contested in any proceedings before any court or Authority of NMC and the Concessionaire Contractor shall have no right or remedy to prevent, obstruct or restrain the Authority of NMC or the Lenders’ Representative from effecting or causing the transfer by substitution and endorsement of the Concession Contract as requested by the Lenders’ Lenders ‘Representative. Project Agreements.

Appears in 1 contract

Samples: Escrow Agreement

Selection to be binding. The decision of the Lenders' Representative and the Authority AMC in selection of the Nominated Company Substitute Entity shall be final and binding on the Concessionaire. The Concessionaire irrevocably agrees and waives any right to challenge the actions of the Lenders' Representative or the Senior Lenders or the Authority AMC taken pursuant to this Agreement including the transfer/assignment of the Concession in favour of the Nominated CompanySubstitute Entity. The Concessionaire agrees and confirms that it shall not have any right to seek revaluation of assets of the Project or the Concessionaire’s 's shares. It is hereby acknowledged by the Parties that the rights of the Lenders' Representative are irrevocable and shall not be contested in any proceedings before any court or Authority ULB and the Concessionaire shall have no right or remedy to prevent, obstruct or restrain the Authority AMC or the Lenders' Representative from effecting or causing the transfer by substitution and endorsement of the Concession as requested by the Lenders' Representative.

Appears in 1 contract

Samples: Concession Agreement

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