HVAC Services Agreements means collectively (a) the Energy Services Agreement, dated as of November 14, 1997, as amended on July 1, 1999, between Venetian and the HVAC Provider, (b) the HVAC Ground Lease, and (c) all other agreements between the HVAC Provider and the Borrowers or their Restricted Subsidiaries (and any amendments of such other agreements or the agreements described in clauses (a) or (b) above), as approved by the Administrative Agent, in its reasonable discretion.
HVAC Services Agreements means all agreements between the HVAC Provider, Venetian, LVSI, their Restricted Subsidiaries, the Borrowers or their Subsidiaries for the provision of air conditioning or utility services which pertain to or affect the Phase II Mall.
HVAC Services Agreements set forth in Annex A to the Original Equipment Loan Agreement is hereby deleted and is replaced with the following definition of "HVAC Services Agreements":
More Definitions of HVAC Services Agreements
HVAC Services Agreements means collectively (a) the Energy Services Agreement, dated as of November 14, 1997, as amended on July 1, 1999, between Venetian and the HVAC Provider, (b) the HVAC Ground Lease, and (c) all other agreements between the HVAC Provider and the Borrowers or their Restricted Subsidiaries (and any amendments of such other agreements or the agreements described in clauses (a) or (b) above), as approved by the Administrative Agent, in its reasonable discretion. "Indebtedness," means, with respect to any Person, (1) any indebtedness of such Person, whether or not contingent (a) in respect of borrowed money, (b) evidenced by bonds, notes, debentures or similar instruments or letters of credit (or reimbursement agreements in respect thereof), (c) representing the balance deferred and unpaid of the purchase price of any property (including Capital Lease Obligations (as defined in the Mortgage Notes Indenture)), except any such balance that constitutes an accrued expense or trade payable, or (d) representing any Hedging Obligations, if and to the extent any of the foregoing indebtedness (other than letters of credit and Hedging Obligations) would appear as a liability upon a balance sheet of such Person prepared in accordance with GAAP (as defined in the Mortgage Notes Indenture), (2) to the extent not otherwise included, any obligation by such Person to be liable for, or to pay, as obligor, guarantor or otherwise, on the Indebtedness of another Person (other than by endorsement of negotiable instruments for collection in the ordinary course of business) and (3) to the extent not otherwise included, Indebtedness of another Person secured by a Lien on any asset owned by such Person (whether or not such Indebtedness is assumed by such Person). For purposes of this definition, the term "Indebtedness" shall not include (a) any amount of the liability in respect of an operating lease that at such time would not be required to be capitalized and reflected as a liability on the balance sheet in accordance with GAAP (as defined in the Mortgage Notes Indenture), (b) any obligation under the HVAC Services Agreements as in effect on the Closing Date (as defined in the Bank Credit Agreement) or (c) any surety bonds for claims underlying mechanics liens and any reimbursement obligations with respect thereto so long as such reimbursement obligations are not then due, or are promptly paid when due. The amount of any Indebtedness outstanding as of any date shall be (a) the accreted ...
HVAC Services Agreements means collectively (a) the Energy Services Agreement, dated as of November 14, 1997, between Venetian and the HVAC Provider, (b) the HVAC Ground Lease, (c) the Construction Agency Agreement, dated as of November 14, 1997, between the HVAC Provider and Venetian, (d) the Energy Services Agreement, dated as of November 14, 1997, between Mall Construction Subsidiary and the HVAC Provider and (e) all other agreements between the HVAC Provider and the Borrowers or their Restricted Subsidiaries (and any amendments of any agreements described in clauses (a) through (d) above), as approved by the Administrative Agent, in its sole discretion.
HVAC Services Agreements means collectively (a) the Energy Services Agreement, dated as of November 14, 1997, as amended on July 1, 1999, between Venetian and the HVAC Provider as modified by that certain settlement agreement dated as of April 25, 2005 and as further amended by an amendment dated as of July 1, 2006, (b) the HVAC Ground Lease, and (c) all other agreements between the HVAC Provider and the Borrowers or their Restricted Subsidiaries (and any amendments of such other agreements or the agreements described in clauses (a) or (b) above), as approved by the Administrative Agent, in its reasonable discretion.
HVAC Services Agreements means collectively (i) that certain Energy Services Agreement dated as of November 14, 1997 between Venetian and the HVAC Provider, (ii) the HVAC Ground Lease, (iii) the Construction Agency Agreement (iv) that certain Energy Services Agreement dated as of November 14, 1997 between Mall Construction Subsidiary and the HVAC Provider and (v) all other agreements between the HVAC Provider and the Borrowers or its Subsidiaries (and any amendments of any agreements described in clause (i), (ii), (iii) and (iv) above), as approved by Scotiabank, as Administrative Agent, in its sole discretion.