Exempt Refinancing means any Refinancing:
Exempt Refinancing means: any Refinancing that was fully taken into account in the calculation of the Annual Service Payments; a change in taxation or change in accounting treatment; the exercise of rights, waivers, consents and similar actions which relate to day to day administrative and supervisory matters, and which are in respect of: breach of representations and warranties or undertakings; movement of monies between the [Project Accounts] in accordance with the terms of the Senior Funding Agreements as at Financial Close; late or non-provision of information, consents or licences; amendments to Sub-Contracts; approval of revised technical and economic assumptions for financial model runs (to the extent required for forecasts under the Funding Agreements); restrictions imposed by Senior Funders on the dates at which the [Senior Debt] can be advanced to Project Co under the Senior Funding Agreements and/or amounts released from [Escrow Account] during the [Initial Availability Period], each as defined in the Senior Funding Agreements and which are given as a result of any failure by Project Co to ensure that the construction work is performed in accordance with the agreed construction programme and which is notified in writing by Project Co or the Senior Funders to the Authority prior to being given; changes to milestones for drawdown and/or amounts released from the [Escrow Account] during the [Initial Availability Period] set out in the Senior Funding Agreements and which are given as a result of any failure by Project Co to ensure that construction work is performed in accordance with the agreed construction programme and which is notified in writing by Project Co or the Senior Funders to the Authority prior to being given; failure by Project Co to obtain any consent by statutory bodies required by the Senior Funding Agreements; or voting by Senior Funders and the voting arrangements between the Senior Funders in respect of the levels of approval required by them under the Senior Funding Agreements; any amendment, variation or supplement of any agreement approved by the Authority as part of any Qualifying Change under this Agreement; any sale of shares in Project Co [or HoldCo] by the shareholders or securitisation of the existing rights and/or interests attaching to shares in Project Co [or HoldCo provided that this paragraph (e) shall, in respect of shares in HoldCo, only apply for so long as HoldCo holds 100% of the issued share capital of Project Co]; any sale or ...
Exempt Refinancing. (a) any Refinancing that was fully taken into account in the calculation of the Unitary Charge;
Examples of Exempt Refinancing in a sentence
Exempt Refinancing The defined terms referred to in limb (c)(vi) should follow those contained in the Senior Funding Agreements – the Initial Availability Period being the construction phase drawdown period.
Other than an Exempt Refinancing or, with the prior written approval of the County, a Qualifying Refinancing, the Developer shall not enter into any Refinancing.
The Pre-Refinancing Financial Model shall take into account any Refinancing that qualifies as an Exempt Refinancing (under clause (a) of the definition of Exempt Refinancing) exactly as it was reflected in the Base Case Financial Model.
The Owner shall have up to 40 days to review and determine whether the proposed Refinancing: (a) will result in a Refinancing Gain; and (b) is an Exempt Refinancing, and, if applicable, select the means for payment of its portion of the Refinancing Gain.
The Department shall have up to [20] days to review and determine whether the proposed Refinancing (a) will result in a Refinancing Gain and (b) is an Exempt Refinancing, and, if applicable, select the means for payment of its portion of the Refinancing Gain.
More Definitions of Exempt Refinancing
Exempt Refinancing any Refinancing:
Exempt Refinancing has the meaning given in Schedule 26 - Refinancing.
Exempt Refinancing means (i) a refinancing that is specifically identified and taken into account in the financial model and the calculation of the Maximum Monthly Availability Payment, (ii) an amendment to a financing agreement and the exercise by Lenders of their rights in the ordinary course of loan administration, (iii) the movement of monies between Project accounts in accordance with the terms of the financing agreements, or (iv) certain actions by Lenders (including the exercise by Lenders of their rights in the ordinary course of loan administration and the syndication or participation of Lenders’ interests).
Exempt Refinancing means any of the following, provided any such action or transaction does not constitute or result in a breach of Section 5.15 [Restricted Persons Prohibited]:
Exempt Refinancing. (a) any Refinancing that was fully taken into account in the calculation of the Annual Unitary Charge; (b) a change in taxation or change in accounting treatment; (c) waivers, Consents and similar actions which relate to day to day administrative and supervisory matters that are in respect of:- (i) breach of representations and warranties or undertakings; (ii) movement of monies between the Project Accounts in accordance with the terms of the Senior Financing Agreements as at Financial Close; (iii) late or non-provision of information, Consents or licences; (iv) amendments to Sub-Contracts; (v) approval of revised technical and economic assumptions for Base Case runs (to the extent required for forecasts under the Financing Agreements); (vi) restrictions imposed by the Senior Lenders on the dates at which the Senior Debt can be advanced to the Contractor under the Senior Financing Agreements and/or amounts released from the Proceeds Account during the Availability Period each as defined in the Senior Financing Agreements and which are given as a result of any failure by the Contractor to ensure that the Works are performed in accordance with the Construction Programme and which are notified in writing by the Contractor or the Senior Lenders to the Authority prior to being given;
Exempt Refinancing means:
Exempt Refinancing has the meaning set forth in Section 18.10(a)(iii).