Project Counterparty definition
Examples of Project Counterparty in a sentence
To the knowledge of any Authorized Representative of any Loan Party, no Material Project Counterparty is in default of any of its obligations under any Material Project Document other than defaults which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.
No Force Majeure or other event that would excuse the Borrower or, to the Borrower’s knowledge, any other Material Project Counterparty, from the duty to perform any material obligation of such party under any Material Project Contract has occurred and is continuing.
Cooperate with each of the Technical Advisor, the ESHS Consultant, the Insurance Consultant and any other Advisor to enable them to prepare their respective reports and to perform their other obligations to the Lender under the Loan Documents and use its reasonable efforts to cause the applicable Material Project Counterparty to cooperate with each of the Technical Advisor, the ESHS Consultant, the Insurance Consultant and any other Advisor in the performance of their duties.
Consent to the assignment by the Material Project Counterparty of any Material Project Contract without ▇▇▇▇▇▇’s consent, not to be unreasonably withheld.
On or prior to the Initial Disbursement Date, the Borrower shall give or cause to be given written notice of the conditional assignment of and the security interest in all then existing Project Documents created hereunder to the other parties thereto, and shall obtain from each Material Project Counterparty such Counterparty’s Consent, in accordance with the last two sentences in this clause (d).
No termination event has occurred under any Material Project Document, each Material Project Document is in full force and effect, there are no unsatisfied conditions precedent to a Material Project Counterparty’s obligations or to full performance of a Material Project Counterparty under any Material Project Document, and no Loan Party has received any default, expiration, breach or termination notice pursuant to any Material Project Document.
With respect to any Project Document entered into by such Co-Borrower after the Closing Date, (i) deliver to the Lender documents necessary to cause the such Co-Borrower’s interests in, to and under such Project Document to be assigned, pledged and/or mortgaged, if applicable, to the Lender and (ii) cause, with respect to Project Documents, its Project Counterparty to execute and deliver to the Lender a consent in form and substance satisfactory to the Lender.
Neither the business nor the properties of Borrower (or, to the knowledge of the Borrower, any Material Project Counterparty) is affected by any fire, explosion, accident, strike, lockout or other labor dispute, drought, storm, hail, volcano, earthquake, embargo, act of God, or of the public enemy, or other casualty or force majeure event (whether or not covered by insurance), which could reasonably be expected to have a Material Adverse Effect.
By: Name: Title: [*] By: Name: Title: [ ], as Project Counterparty By: Name: Title: SUNTECH Initials & Date /s/ZS HOKU Initials & Date /s/DS 6/13/2007 APPENDIX 8 TO SUPPLY AGREEMENT [*] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
The parties hereto agree that it is their intention that the portion of the Collateral constituting Project Counterparty Collateral subject to the Senior Liens and the Project Counterparty Collateral subject to the Subordinated Liens be identical.