Examples of Growth Capital Project in a sentence
Optionee desires to provide Optionholder (i) an option to invest in APL Sub under certain circumstances in connection with a Growth Capital Project implemented by the Joint Venture Company, and Optionholder desires to obtain such an option, and (ii) a right of first refusal with respect to any Transfer by APL Sub of its Interest in the Joint Venture Company.
The Offer Notice will set forth all relevant information with respect to the proposed Capital Contribution, including a description of the Growth Capital Project to which the Capital Contribution relates, the amount of such Capital Contribution, and any other terms and conditions of the proposed Capital Contribution.
For the avoidance of doubt, a Member may propose a Growth Capital Project and the related Growth Capital Expenditures to be funded by Capital Contributions or otherwise for the approval of the Management Committee at any regular or special meeting of the Management Committee, whether or not such Growth Capital Expenditures were included in the Growth Capital Budget for such fiscal year.
Operator and Owner agree that with respect to any Non-Participatory Growth Capital Project or Participatory Growth Capital Project, the permitted variance, as determined in accordance with the LLC Agreement, shall apply in lieu of the one hundred and fifteen percent (115%) variance in the preceding sentence.
Any Growth Capital Project or External Volumes Growth Capital Project shall be pursued only on the basis of the relevant proposal considered by the Management Committee and proposed for Management Committee approval, including, if applicable, the gathering rate and the material terms of any associated gathering agreement so proposed.
Starting in calendar year 2016, Operator shall prepare and present to Owner on or before November 15th the Budget for the next succeeding calendar year (other than any Non-Participatory Growth Capital Project Budget or Participatory Growth Capital Project Budget).
Notwithstanding anything to the contrary in this Agreement, no Proposing Member may cause the Company to undertake a proposed Growth Capital Project in which the Non-Proposing Member elects not to participate unless such proposed Growth Capital Project would not reasonably be expected to have an adverse financial or operational effect that is material to the Company, the Business or the Assets.
Subject to Section 14.01(c), if applicable, the Non-Proposing Member shall have the right, but not the obligation, to participate in the Growth Capital Project pursuant to this Section 14.01.
Such Non-Proposing Member shall have 60 days from receipt of the Growth Capital Project Request to elect to participate in such proposed Growth Capital Project as set forth in this Section 14.01 (such 60-day period, the “Initial Election Period”).
The Member that causes the Company to so undertake a Growth Capital Project is referred to herein as the “Proposing Member.” Any such Proposing Member may propose a Growth Capital Project (and, to the extent the Company has commenced any Growth Capital Project prior to the Effective Date, Enbridge shall propose such Growth Capital Project) by delivering a written request (each, a “Growth Capital Project Request”) to the Company and the non-Proposing Member (the “Non-Proposing Member”).