Equipment Utilization Agreement definition

Equipment Utilization Agreement means the Equipment Utilization Agreement dated September 7, 2011, by and among the Surety, the Indemnitors and Bank of America, N.A., as Administrative Agent, as the same may be amended, restated, supplemented, modified or replaced from time to time.
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Equipment Utilization Agreement means the Equipment Utilization Agreement, dated as of the date hereof, among the Borrower, certain Subsidiaries of the Borrower as indemnitors, the Administrative Agent and Zurich, as surety thereunder, as may be amended, restated, supplemented or otherwise modified from time to time in accordance with the terms thereof.
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Equipment Utilization Agreement means (i) that certain Equipment Utilization Agreement entered into by and among Administrative Borrower, Travelers Casualty and Surety Company of America and Co-Collateral Agents, dated as of September 15, 2014, (ii) that certain Equipment Utilization Agreement entered into by and among Administrative Borrower, Liberty Mutual Insurance Company and Co-Collateral Agents, dated as of January 30, 2015 and (iii) any other equipment utilization agreement or similar agreement, contract, undertaking or instrument entered into among any Borrower, Co-Collateral Agents and any other Person that may issue to any Borrower surety bonds or other instruments or suretyship, in form and substance satisfactory to Co-Collateral Agents in their sole discretion.
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Examples of Equipment Utilization Agreement in a sentence

  • In the event of Default under any Bonded Contract, Contractor agrees and does hereby grant to Surety the option to use Contractor’s Equipment to complete the work remaining to be performed under the Bonded Contract(s); provided, however, that such option must be exercised within forty-five (45) days following each event 1 To be completed by parties for each Equipment Utilization Agreement, as appropriate.

  • Promptly amend Schedule 1.01(g) hereto from time to time and deliver the same to Agent immediately after any changes are made to the list of Equipment set forth thereon that is subject to the Equipment Utilization Agreement, as the Net Book Value of such of Equipment shall be used to determine the amount of the Equipment Reserve at any given time.

  • Zurich consented to release Great Lakes, NASDI Holdings, NASDI and Yankee from their obligations under their prior Agreement of Indemnity and Equipment Utilization Agreement with respect to certain bonds, including but not limited to the Bonds, and agreed to maintain the Bonds, but did so in exchange for three new agreements.

  • Each Lender from time to time party hereto authorizes and consents, by its execution hereof or by the Assignment and Acceptance by which it became a Lender, to the Administrative Agent’s entering into the Equipment Utilization Agreement on such Lender’s behalf and taking all actions taken, required or permitted to be taken by the Administrative Agent thereunder.

  • Agent and Surety agree that all capitalized terms used in this Agreement but not defined herein shall have the meaning given such terms in the Equipment Utilization Agreement, dated June 4, 2012 (the “EUA”), which has been executed by Indemnitors and Agent.

  • The Bonds were secured by an Agreement of Indemnity and an Equipment Utilization Agreement previously executed by Great Lakes, NASDIHoldings, NASDI and Yankee in favor of Zurich.

  • GLDD Bonding Agreements means the GIA as subsequently modified, amended, supplemented or replaced, including but not limited to the Rider dated June 4, 2012, and all underlying and related agreements and modifications of agreements, including the Equipment Utilization Agreement dated June 4, 2012 and the Lender-Surety Agreement dated June 4, 2012.


More Definitions of Equipment Utilization Agreement

Equipment Utilization Agreement means the Equipment Utilization Agreement, dated as of September 7, 2011, among the Borrower, Great Lakes and the other Subsidiaries of the Borrower, the Administrative Agent and Zurich American Insurance Company, Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company and American Guarantee and Liability Insurance, as sureties thereunder, substantially in the form delivered to the Administrative Agent on September 7, 2011, and as may be amended from time to time to join additional indemnitors thereunder.
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Equipment Utilization Agreement means the Equipment Utilization Agreement, dated as of the date hereof, among the Borrower, certain Subsidiaries of the Borrower as indemnitors, Xxxxx Fargo Bank, National Association, as Administrative Agent under the Existing Credit Agreement and Zurich, as surety thereunder, as may be amended, restated, supplemented or otherwise modified in writing from time to time in accordance with the terms thereof.
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Equipment Utilization Agreement means the Equipment Utilization Agreement dated June 4, 2012, by and among the Surety, the Indemnitors and Wells Fargo Bank, N.A., as Administrative Agent, as the same may be amended, restated, supplemented, modified or replaced from time to time.
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Equipment Utilization Agreement in the GIA is deleted in its entirety and replaced with the following new definition of “Equipment Utilization Agreement”:
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Equipment Utilization Agreement as currently defined in Section 1.01 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:
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Equipment Utilization Agreement means any Equipment Utilization Agreement substantially in the form attached hereto as Exhibit F entered into by the Collateral Agent at the request of a Surety pursuant to Section 14.11(c).
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Related to Equipment Utilization Agreement

  • Interconnection Agreement means the interconnection agreement entered into by Seller pursuant to which the Facility will be interconnected with the Transmission System, and pursuant to which Seller’s Interconnection Facilities and any other Interconnection Facilities will be constructed, operated and maintained during the Contract Term.

  • Generation Interconnection Agreement means the large generator interconnection agreement to be entered into separately between Seller and Interconnection Provider concerning the Interconnection Facilities.

  • Service Level Agreement or SLA means the processes, deliverables, key performance indicators and performance standards relating to the Services to be provided by the Service Provider;

  • Service Level Agreement (SLA) means the Contractual Commitment that prevails between the Buyer and the Service Provider with regard to type of service to be provided, deliverables, desired performance level, reliability and responsiveness, monitoring process and service level reporting, response and issue resolution time-frame, repercussions / penalties / remedies for service provider not meeting its commitment. The SLA of a particular contract may carry the matrix regarding the delivery of the goods and/or services and the corresponding penalties or remedies and liquidated damages as applicable.

  • Construction Agreement means the proposed building agreement between the Company and a proposed builder substantially in the form of the draft agreement a copy of which has been signed on behalf of the Authority and the Company for the purposes of identification;

  • Construction Services Agreement (CSA) means the Construction Services Agreement, together with any duly authorized and executed amendments hereto.

  • Implementation Agreement means the Implementation Agreement dated ……… by and between the GOB, PGCB and the Company in connection with the Project, and also includes any amendment of it made from time to time;

  • Interconnection Agreements means, collectively, (a) an agreement by and among Owner, TransÉnergie and ISO-NE that sets forth such parties’ respective rights and obligations following the interconnection at the U.S. Border of the NECEC Transmission Line with the Québec Line and (b) an agreement by and between Owner and ISO-NE that sets forth such parties’ respective rights and obligations following the interconnection at the Delivery Point of the NECEC Transmission Line with certain transmission facilities operated by ISO-NE. The Interconnection Agreements shall address cost responsibilities among entities other than the Distribution Company and the other RFP Sponsors and shall include provisions, both technical and otherwise, for safe and reliable interconnected operations of the HVDC Transmission Project following Commercial Operation (including use of the HVDC Transmission Project for the delivery of electric power in emergency circumstances).

  • Construction Service Agreement means either an Interconnection Construction Service Agreement or an Upgrade Construction Service Agreement.

  • Contract Amendment means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

  • Service Level Agreements means an agreement between NZX and a Market Participant and/or an Advisor setting out the terms and conditions of use of NZX technology and services;

  • Reservation Agreement means a written contract entered into between MBOH and the taxpayer to provide for a Reservation and setting forth the terms and conditions under which the taxpayer may obtain a Carryover Commitment or Final Allocation.

  • Maintenance agreement means a document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

  • Project Management Agreement means the agreement dated the 20th February 1985 made between the Trustee and the Manager providing for the Manager to manage and co-ordinate the development and construction of the Resort and includes, if that agreement is terminated, any other agreement in like and similar terms made with the prior consent of the Minister;

  • Interconnection Construction Service Agreement means the agreement entered into by an Interconnection Customer, Interconnected Transmission Owner and the Transmission Provider pursuant to Tariff, Part VI, Subpart B and in the form set forth in Tariff, Attachment P, relating to construction of Attachment Facilities, Network Upgrades, and/or Local Upgrades and coordination of the construction and interconnection of an associated Customer Facility. A separate Interconnection Construction Service Agreement will be executed with each Transmission Owner that is responsible for construction of any Attachment Facilities, Network Upgrades, or Local Upgrades associated with interconnection of a Customer Facility.

  • Connection Agreement means an agreement entered into between a distributor and a person connected to its distribution system that delineates the conditions of the connection and delivery of electricity to or from that connection;

  • Optional Extended Local Calling Scope Arrangement Traffic is traffic that under an optional Extended Local Calling Scope Arrangement chosen by the Customer terminates outside of the Customer’s basic exchange serving area.

  • Incremental Facility Agreement means an Incremental Facility Agreement, in form and substance reasonably satisfactory to the Administrative Agent, among the Borrower, the Administrative Agent and one or more Incremental Lenders, establishing Incremental Term Loan Commitments of any Series or Incremental Revolving Commitments and effecting such other amendments hereto and to the other Loan Documents as are contemplated by Section 2.20.

  • Incremental Agreement shall have the meaning provided in Section 2.14(e).

  • SCM Agreement means the Agreement on Subsidies and Countervailing Measures in Annex 1A to the WTO Agreement;

  • Construction Management Agreement means the Construction Management Agreement, dated as of the date of the Common Agreement, between Construction Manager and the Project Company.

  • Interconnection Service Agreement means an agreement among the Transmission Provider, an Interconnection Customer and an Interconnected Transmission Owner regarding interconnection under Tariff, Part IV and Tariff, Part VI.

  • Incremental Assumption Agreement means an Incremental Assumption Agreement in form and substance reasonably satisfactory to the Administrative Agent, among the Borrower, the Administrative Agent and, if applicable, one or more Incremental Term Lenders and/or Incremental Revolving Facility Lenders.

  • Existing Facility Agreement has the meaning specified therefor in the recitals hereto.

  • Replacement Agreement shall have the meaning set forth in Paragraph 2(b) hereof.

  • Purchase Agreement Assignment means the Purchase Agreement and Engine Warranties Assignment [________], dated as of even date with the Participation Agreement, between Lessee and Owner Trustee.