Additional Project Documents means, collectively, any contract or agreement entered into by Borrower in respect of any Project subsequent to the Closing Date that either (a) replaces or is entered into in substitution of an existing Material Project Document; or (b) obligates Borrower to make payments in an aggregate amount exceeding $250,000 over its term except with respect to contracts or agreements for the purchase of materials, equipment or Parts that are included in the Base Case Project Projections.
Additional Project Documents means any material contracts or agreements related to the construction, testing, maintenance, repair, operation or use of the Project entered into by Company and any other Person, or assigned to Company, subsequent to the Closing Date; provided that any such contracts and agreements providing for the payment by or to Company of less than [***] or the provision to Company of less than [***] per annum individually in value of goods or services, shall be deemed not to constitute an Additional Project Document.
Additional Project Documents means any Contract related to the design, engineering, development, construction, startup, testing, commissioning, completion, ownership and operation of the Project entered into by Developer or PacifiCorp and any other Person during the Time of Completion, including any documents contemplated by this Agreement entered into by Developer or PacifiCorp and any other Person; provided, however, that such Contract shall not constitute an Additional Project Document if: (a) it is entered into by Developer in the ordinary course of business in connection with the procurement of goods or the performance of services related to the Work; (b) can be readily replaced by other Contracts having substantially similar terms and conditions; and (c) has a value of Fifty Thousand Dollars ($50,000) or less.
Examples of Additional Project Documents in a sentence
Each of the Transaction Documents (other than the Term Notes, any Additional Project Documents not then in existence and the Rate Swap Confirmations) shall have been duly authorized, executed, delivered and (if applicable) released from documentary escrow by each party thereto.
The Borrowers shall select Cash Equivalents having such maturities as shall cause the Project Accounts to have a cash balance as of any day sufficient to cover the transfers made from the Project Accounts on such day in accordance with this Agreement, the other Financing Documents, the Project Documents and any Additional Project Documents.
Additional Project Documents will be made available to Shortlisted Respondents.
Seller shall take all action reasonably required by Buyer to cause each Additional Project Document to be or become subject to the Lien of the Security Documents (whether by amendment to the Security Documents or otherwise) and shall deliver or cause to be delivered to Buyer such legal opinions, certificates or other documents, including consent agreements that are substantially similar to the Consents, with respect to such Additional Project Documents as Buyer may reasonably request.
Each Operative Document (other than any Additional Project Documents) is in effect as of the Closing Date.
More Definitions of Additional Project Documents
Additional Project Documents means any contracts or agreements entered into by Borrower, or assigned to Borrower, that (i) replaces or substitutes for an existing Material Project Document, (ii) meets the criteria set forth in clause (b) of the definition of “Material Project Document,” or (iii) has a value over its term in excess of One Million Dollars ($1,000,000).
Additional Project Documents means any credit, loan or finance agreement and any other document, agreement or instrument relating to Additional Project Indebtedness.
Additional Project Documents any contract or agreement related to the operation, maintenance, management, administration, ownership or use of the Project, the provision of electricity, water and other inputs therefor, the sale of electricity, RECs or other products therefrom or the provision of services therefor, entered into by, or assigned to, the Borrower subsequent to the First Funding Date, but excluding (a) for the avoidance of doubt any agreements, documents and instruments providing for, governing or evidencing any Indebtedness permitted to be incurred under Section 7.4 (and, if applicable, any collateral or security agreements, documents and instruments relating thereto), (b) any contracts, agreements and other documents entered into in connection with (i) any Asset Disposition permitted under Section 7.5 or (ii) any Investment permitted under Section 7.6, (c) any Commodity Hedge and Power Sales Agreement and (d) any other contract or agreement for which the anticipated revenues or costs to the Borrower are less than $2,000,000.
Additional Project Documents. All of the contracts necessary for and material to the construction or operation of the Project entered into by the Borrower subsequent to the Common Agreement Date.
Additional Project Documents each Project Document entered into by, or assigned to, any Obligor or any of its Subsidiaries subsequent to the Closing Date (a) which provides for the payment by such Obligor or Subsidiary, or the provision to such Obligor or Subsidiary of, goods or services with a value in excess of, $750,000 in any calendar year or $3,000,000 for the full term of such Additional Project Document, (b) which provides for termination fees or liquidated damages that could reasonably be expected to exceed $1,000,000 in any calendar year, or (c) the termination or cancellation of which could reasonably be expected to have a Material Adverse Effect; provided that Additional Project Documents shall not include any contract or agreement (i) for the purchase of insurance required by the Loan Documents, (ii) entered into to consummate any (x) purchase, sale, lease, transfer or disposal allowed pursuant to the Loan Documents (including, for the avoidance of doubt, purchases in the ordinary course of business of services having a term of less than one year in accordance with the Annual Operating Budget then in effect) or (y) Permitted Investments or (iii) that provides for, governs, or evidences Permitted Debt (and any related Permitted Liens).
Additional Project Documents means any contract or agreement relating to the development, construction, testing, operation, maintenance, repair, financing or use of any Project entered into by the Company, DS Holdings, or any Subsidiary with any other Person subsequent to the Original Effective Date (a) that replaces or substitutes for any Project Agreement, (b) that has a term greater than two years, (c) if the aggregate cost or value of goods and services to be acquired by the Company, DS Holdings, or any Subsidiary pursuant thereto could reasonably be expected to exceed One Million Dollars ($1,000,000) in any year or Five Million Dollars ($5,000,000) over its term, (d) if the aggregate amount of termination fees or liquidated damages which could be incurred by the Company, DS Holdings, or any Subsidiary in respect of such Additional Project Document over the term thereof could reasonably be expected to exceed One Million Dollars ($1,000,000) or the equivalent or (e) the loss of such contract or agreement could reasonably be expected to have a Material Adverse Effect (as defined in the Master Agreements).
Additional Project Documents means any contracts or agreements related to the ownership, construction, testing, maintenance, repair, operation or use, as applicable, of the Project entered into between the Company and any other Person or assigned to an Obligor subsequent to the Closing Date and that (a) replaces or substitutes for an existing Material Project Document, (b) could reasonably be expected to have a Material Adverse Effect if breached or terminated prior to its scheduled termination date, or (c) could reasonably be expected to have aggregate payments to or by an Obligor in excess of $150,000 in any year or of $500,000 over its term.