Additional Material Project Document means any contract, agreement, letter agreement or other instrument to which the Borrower becomes a party after the Closing Date that:
Additional Material Project Document means any Project Document entered into by the Borrower with any other Person subsequent to the Closing Date that:
Additional Material Project Document means any contract, or series of related contracts, entered into by Borrower or Project Company with respect to the Project that provides for the payment by Borrower or Project Company of, or the provision to Borrower or Project Company of, goods or services with a value in excess of $5,000,000 annually or $15,000,000 in the aggregate over its term, but excluding (i) any contract, or series of related contracts, relating to any Indebtedness permitted by Section 6.02, (ii) any Senior Secured Swap Agreement, and (iii) any contract, or series of related contracts, which is required under emergency circumstances requiring immediate action to resume or maintain operation of the Project in accordance with Prudent Industry Practices or to avoid imminent threat to human life or property.
Examples of Additional Material Project Document in a sentence
The Borrower shall cause each Material Project Participant that is a party to an Additional Material Project Document to execute and deliver a Consent Agreement in the form attached to the relevant Security Agreement or otherwise reasonably satisfactory to the Administrative Agent and the related opinion with respect to such Additional Material Project Document specified therein.
The Borrower shall, contemporaneously with entry into an Additional Material Project Document, enter into a Direct Agreement with counterparties to such Additional Material Project Document as reasonably requested by the Administrative Agent and the Technical Agent.
For the avoidance of doubt, any Interest Rate Protection Agreement will be a Financing Document hereunder, and not an Additional Material Project Document.
Nothing herein shall be construed as or deemed to be (a) a waiver or consent by the Majority Aggregate Secured Credit Facilities Debt Participants of any past, present or future breach or non-compliance with any terms or provisions contained in any Financing Document, Material Project Document or Additional Material Project Document or (b) a guide to, or an intent or indication of, future actions or decisions by any Secured Party.
Each Borrower shall, in the case of any Additional Material Project Document, cause each party to such Additional Material Project Document to execute and deliver a Consent Agreement with respect to such Additional Material Project Document and such legal opinions relating to such Additional Material Project Document as the Administrative Agent may reasonably request.
More Definitions of Additional Material Project Document
Additional Material Project Document means any Additional Project Document that is a Material Project Document.
Additional Material Project Document means any contract, agreement, letter agreement or other instrument to which the Company becomes a party after the Initial Senior Secured Debt Closing Date that:
Additional Material Project Document means any agreement entered into by, or on behalf of, the Borrower subsequent to the date hereof involving aggregate consideration payable to or by the Borrower of $5,000,000 or more in any one year period with respect to the development, construction, management, operation or financing of the Project (other than the Secured Obligations) and the production, transportation, processing and sale of Product produced at the Project or such other agreements in connection therewith which are, subject to the following sentence, designated in writing by the Administrative Agent to the Borrower as a "Material Project Document" which designation shall take into consideration whether there is a readily available substitute for such agreement and whether the breach or termination of such agreement would reasonably be expected to result in a Material Adverse Change. If the Borrower, within five Banking Days of its receipt of any such written designation disputes such written designation by the sending of a written notice thereof to the Administrative Agent, the Borrower and the Majority Lenders shall consult with respect to the materiality of such other agreement during the ten Banking Day period following the Administrative Agent's receipt of such written notice from the Borrower provided that, if the Majority Lenders thereafter reaffirm in writing to the Borrower the initial designation by the Administrative Agent, such other agreement shall constitute an Additional Material Project Document from the date of the Borrower's receipt of such reaffirmation.
Additional Material Project Document means any contract, agreement, letter agreement or other instrument to which the Borrower becomes a party after the Closing Date that: (a) replaces or substitutes for an existing Material Project Document, (b)(i) contains obligations and liabilities that are in excess of five million Dollars ($5,000,000) over its term (including after taking into account all amendments, amendments and restatements, supplements, or waivers to any such contract, agreement, letter agreement or other instrument) and (ii) is for a term that is greater than twelve (12) months and cannot be terminated by the Borrower at any time without penalty, (c) is an interconnection agreement entered into with Sabine Liquefaction; or (d) is a firm service agreement with a third party the entry into which would allow Sabine Liquefaction to elect to cause the Third Party Charge (as defined in the Rate Letter) to apply to the Service Agreement under Section 3 of the Rate Letter; provided, that for the purposes of this definition, any series of related transactions with the same counterparty (or its Affiliate) shall be considered as one transaction, and all contracts, agreements, letter agreements or other instruments in respect of such transactions with the same counterparty (or its Affiliate) shall be considered as one contract, agreement, letter agreement or other instrument, as applicable.
Additional Material Project Document means any contract or agreement relating to the ownership, operation, maintenance, repair, financing or use of the Project entered into by the Company with any other Person subsequent to the date of this Agreement (including any contract(s) or agreement(s) entered into in substitution for any Material Project Document that has been terminated in accordance with its terms or otherwise) that (i) requires payments to be made or received in an amount in excess of one million Dollars ($1,000,000) per year or (ii) is for a term that is greater than two (2) years.
Additional Material Project Document means each contract or agreement entered into subsequent to the date hereof by the Borrower, or by an agent on behalf of the Borrower, in connection with the Xxxxxxxxxx Mine that is a Material Agreement or under or pursuant to which the Borrower could reasonably be expected to (i) have aggregate obligations or liabilities in excess of $50,000,000 in any calendar year or (ii) earn Project Revenues which constitute more than 20% of all Project Revenues in any calendar year; provided, however, that contracts or agreements entered into by the Borrower in the ordinary course of its business for legal, accounting, engineering, environmental consulting or other professional services in connection with the operation of the Xxxxxxxxxx Mine shall not constitute "Additional Material Project Documents" in accordance with the plan delivered pursuant to Section 8.3(a)(v) in respect of the Borrower.
Additional Material Project Document means each contract, agreement, letter agreement or other instrument to which any Loan Party or the Company becomes a party after the date hereof, other than any document (a) under which any Loan Party or the Company (or the Loan Parties and the Company on an aggregate basis) would not reasonably be expected to have obligations or liabilities, or be entitled to receive revenues, in the aggregate in excess of five million Dollars ($5,000,000) in value in any twelve (12) month period and (b) a termination of which would not reasonably be expected to have a Material Adverse Effect; provided that for the purposes of this definition, any series of related transactions (other than transactions, including hedging transactions, relating to the sale of Products or the purchase of corn and natural gas) shall be considered as one transaction, and all contracts, agreements, letter agreements or other instruments in respect of such transactions shall be considered as one contract, agreement, letter agreement or other instrument, as applicable.