Material Transaction Documents definition

Material Transaction Documents means, with respect to each Material Project, each Power Purchase Agreement (solely to the extent that at least 5% of Borrower’s aggregate Net Cash Flow in respect of any period of four consecutive Fiscal Quarters is reasonably expected to be attributable to such Power Purchase Agreement), each EPC Contract (solely with respect to Construction Projects), each O&M Contract (solely with respect to Operating Projects), each Tax Equity Document and any related guarantees or other credit support in connection with any of the foregoing, in each case for such Material Project.

Material Transaction Documents means each of the Stock Purchase Agreement, each Other Debt Document, the Senior Subordinated Notes Indenture, the Superholdco Senior Discount Note Indenture and the Management Agreements, in each case as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with the terms of this Agreement.

Material Transaction Documents means the Loan Documents and the Material Project Documents.

Examples of Material Transaction Documents in a sentence

• Each Loan Document and the Material Transaction Documents to which each Obligor is a party constitute, or will, on the due execution and delivery thereof by such Obligor, constitute, the legal, valid and binding obligations of such Obligor, enforceable against it in accordance with their respective terms (except, in any case, as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights generally and by principles of equity).

• On the Closing Date, Mergerco shall have accepted for purchase not less than the Minimum Shares, the Minimum Condition shall have been satisfied concurrently with the initial Credit Extension hereunder, and all other aspects of the Tender Offer required to be completed on the Closing Date shall have been consummated pursuant to the Material Transaction Documents.

• The Vertical/Trigen Shareholders shall have delivered to the Osmotica Shareholders’ Representative the Material Transaction Documents with respect to the actions set forth in Step 4 of Annex 1 (together with all other instruments or documentation relating to such actions), in each case, executed by each Vertical/Trigen Shareholder (or applicable affiliate(s) of the Vertical/Trigen Shareholders) that is party thereto and in form and substance reasonably satisfactory to the Osmotica Shareholders.

• Upon obtaining such consent, Borrower shall not be required to reference the applicable change to the Material Transaction Document(s) in its certification set forth in clause (iv) of this Section 3.1(e).

• None of the Material Transaction Documents (including the Acquisition Agreement) shall have been amended, supplemented, waived or otherwise modified in any material respect after the date of the Commitment Letter without the prior written consent of the Agents (which consent shall not be unreasonably withheld).

More Definitions of Material Transaction Documents

Material Transaction Documents is defined in Section 3.1(e) and includes the EPC Contract for each Project with the EPC Contractor.

Material Transaction Documents means each of the Merger Agreement, each Other Debt Document and each other material agreement related to the Transactions (other than the Loan Documents), in each case as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with this Agreement.

Material Transaction Documents means, at any time, (i) those five Transaction Documents having the greatest NAV at such time and (ii) each Transaction Document executed and delivered by an Obligor at any time after May 1, 2023 (and not, for the avoidance of doubt, a Transaction Document which was entered into by a Person other than the Borrower or its Affiliates which was subsequently acquired by an Obligor (whether by asset purchase or share purchase transaction)), and a “Material Transaction Document” means any one of them.

Material Transaction Documents means each of the AMI Acquisition Agreement, the Gentek Acquisition Agreement, each Other Debt Document relating to the Unsecured Transaction Debt and the Management Agreement, in each case as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with the terms of this Agreement.

Material Transaction Documents as defined in the Second Amendment.”

Material Transaction Documents means each of the Acquisition Agreement, each Senior Secured Debt Document relating to the Senior Secured Credit Facility, the Harvest Management Services Agreement and all other agreements, instruments, certificates, filings, consents, approvals, board of directors resolutions, opinions and other documents furnished pursuant to or in connection with the Transaction and the other transactions contemplated hereby or thereby (other than documents not material to any aspect of the Transaction), in each case as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with this Agreement.

Material Transaction Documents means each of the Acquisition Agreement, each Other Debt Document relating to the Unsecured Transaction Debt, the Management Agreement and all other agreements, instruments, certificates, filings, consents, approvals, board of directors resolutions, opinions and other documents furnished pursuant to or in connection with the Transaction (including the documents relating to the issuance of the Equity Investment) and the other transactions contemplated hereby or thereby (other than documents not material to any aspect of the Transaction), in each case as amended, supplemented, amended and restated or otherwise modified from time to time in accordance with this Agreement.