Termination of Material Contracts. Any Material Contract of the type described in clause (i) of the definition of Material Contract, or any power purchase agreement to which Company or any of its Subsidiaries is a party relating to a Project (other than the power purchase agreement relating to the Magellan Project unless the termination of such agreement would result in a Material Adverse Effect), shall be terminated by Company or any of its Subsidiaries or by the counterparty or counterparties thereto, if such termination is enforceable by Company, such Subsidiary, or such counterparty or counterparties, unless such Material Contract is replaced within ten (10) days after such termination with a contract that is reasonably acceptable to the Requisite Lenders and on substantially the same economic terms as the relevant Material Contract being terminated; or
Termination of Material Contracts. Any Material Contract of the type described in clause (i) of the definition of Material Contract, or any power purchase agreement to which Company or any of its Subsidiaries is a party relating to a Project, shall be terminated by Company or any of its Subsidiaries or by the counterparty or counterparties thereto, if such termination is enforceable by Company, such Subsidiary, or such counterparty or counterparties, unless (a) such Material Contract is replaced within ten (10) days after such termination with a contract that is reasonably acceptable to the Requisite Lenders and on substantially the same economic terms as the relevant Material Contract being terminated, or (b) the Subsidiary of Company party to such Material Contract or power purchase agreement, as the case may be, is a Bankrupt Subsidiary and such termination would not reasonably be expected to have a Material Adverse Effect, or (c) the termination of such Material Contract occurs pursuant to the exercise by the counterparty or counterparties thereto of a contractual right to terminate such Material Contract for convenience and such termination would not reasonably be expected to have a Material Adverse Effect; or
Termination of Material Contracts. (i) any Material Contract shall terminate or fail to be renewed for any reason whatever, or (ii) Holdings, the Borrower or any other Obligor party to any Material Contract shall default in the performance or observance of any obligation or condition contained in the Material Contract or any agreement relating thereto or any other event shall occur or condition exist, if the effect of such default, event or condition is to permit any other Person party to such Material Contract or agreement to terminate such Material Contract or agreement.
Termination of Material Contracts. KMC has given notice that they will not be renewing their contracts as they expire. And any other Material Contract that expires pursuant to it own terms. EXHIBIT A [FORM OF ASSIGNMENT AGREEMENT]1 Date , This Assignment Agreement (this “Assignment”), is dated as of the Effective Date set forth below and is entered into by and between [the] [each] Assignor identified in item 1 below ([the] [each an] “Assignor”) and [the] [each] Assignee identified in [item 2] [item 3] below ([the] [each an] “Assignee”). [It is understood and agreed that the rights and obligations of such Assignee [Assignor] hereunder are several and not joint.] Capitalized terms used herein but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, restated supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by [the] [each] Assignee. The Standard Terms and Conditions set forth in Annex 1 hereto (the “Standard Terms and Conditions”) are hereby agreed to and incorporated herein by reference and made a part of this Assignment as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to [the] [each] Assignee, and [the] [each] Assignee hereby irrevocably purchases and assumes from [the] [each such] Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below, the interest in and to all of the Assignor’s rights and obligations under the Credit Agreement and any other documents or instruments delivered pursuant thereto that represents the amount and percentage interest identified below of all of the Assignor’s outstanding rights and obligations under the respective facilities identified below (the “Assigned Interest”). [Each] [Such] sale and assignment is without recourse to [the] [each such] Assignor and, except as expressly provided in this Assignment, without representation or warranty by [the] [each such] Assignor.
Termination of Material Contracts. 101 -iii- TABLE OF CONTENTS (continued) SECTION 8. ADMINISTRATIVE AGENT..................................................................... 102 8.1 Appointment.................................................................................. 102
Termination of Material Contracts. 92 7.15 Default under Existing IPP International Project Guaranties................................... 92 SECTION 8. ADMINISTRATIVE AGENT...................................................................... 93 8.1 Appointment................................................................................... 93
Termination of Material Contracts. Any Material Contract shall be terminated or cancelled (other than upon the expiration thereof in accordance with its terms), if the result of such termination or cancellation, together with the termination of any other Material Contracts in the aggregate, shall or could reasonably be expected to have a Material Adverse Effect.
Termination of Material Contracts. Neither the Company nor any of its Controlled Entities has sent or received any written communication regarding termination of, or intent not to renew, any of the material contracts or agreements referred to or described in the Offering Memorandum or filed (or incorporated by reference) as an exhibit to the Company’s annual report on the Form 20-F filed with the Commission on April 27, 2017, and no such termination or non-renewal has been threatened by the Company or any of its Controlled Entities, or to the knowledge of the Company and each of the Guarantors, by any other party to any such contract or agreement.
Termination of Material Contracts. Contract Party Counterparty Notice Date Termination Date Service Agreement — POV Operations Devon Gas Services, L.P. AccuShip, LLC 01.30.2015 06.30.2015 SCHEDULE 3.14 ADVERSE CHANGES NONE SCHEDULE 4.3 NON-CONTRAVENTION NONE
Termination of Material Contracts. Any material --------------------------------- contract in excess of $1,000,000 of the Borrower (including, without limitation, the supply agreement with Xxxxxx Micro) shall (except in accordance with its terms) terminate, cease to be effective or cease to be the legally valid, binding and enforceable obligation of any party thereto unless such termination or cessation is consistent with the Borrower's business objectives as evidenced by a vote of the Borrower's board of directors.
