Common use of Supplemental Base Equity Contributions to Borrower Clause in Contracts

Supplemental Base Equity Contributions to Borrower. If on the Supplemental Base Equity Contribution Date the Borrower has not received a Cash Grant in an amount sufficient to fund the Debt Service Reserve Account up to an amount equal to or exceeding the amount shown in the Base Case Projections as of the Financial Closing Date as being the highest projected semi-annual payment of Debt Service during the term of the Guaranteed Loan, upon demand by the Loan Servicer BrightSource Ivanpah shall cause a Supplemental Base Equity Contribution to be made to the Borrower. If BrightSource Ivanpah shall not have made such Supplemental Base Equity Contribution in full within five (5) Business Days of such demand, the Loan Servicer may take the following actions: (a) first, to the extent there remains any shortfall, instructing the Collateral Agent pursuant to Approved Transfer/Withdrawal Instructions to draw funding from any Cash Collateral provided as Supplemental Base Equity Commitment Balance Security in a specified amount for deposit by the Collateral Agent into the Debt Service Reserve Account; (b) second, to the extent there remains any shortfall, instructing the Collateral Agent in accordance with Approved Transfer/Withdrawal Instructions to draw on a Reserve Letter of Credit provided as Supplemental Base Equity Commitment Balance Security in a specified amount for deposit by the Collateral Agent into the Debt Service Reserve Account; and (c) third, to the extent there remains any shortfall, instructing the Collateral Agent to make demand under the Equity Contribution Guaranty provided by the Sponsor with respect to Supplemental Base Equity in a specified amount and deposit cash received into the Debt Service Reserve Account. (d) fourth, to the extent there remains any shortfall, instructing the Collateral Agent to require the Sponsor to issue shares of Reserved BSE Common Equity having a BSE Common Equity Contribution Value equal to such shortfall (but in no event more than the total number of shares of Reserved BSE Common Equity) and deliver them to the Collateral Agent as set forth in Section 7.3.2.

Appears in 7 contracts

Samples: Equity Funding Agreement, Equity Funding Agreement (BrightSource Energy Inc), Equity Funding Agreement (BrightSource Energy Inc)

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