Substitute Facility definition

Substitute Facility means a Utility Facility equal, in terms of level of service, capacity, service life, capability, appearance, efficiency and function, to the corresponding Conflicting Facility that requires Rearrangement, but which also includes any upgrades to any of the foregoing that would not be considered Betterments pursuant to this Agreement.

Substitute Facility means one or more bank credit agreements or other third party credit facilities entered into by Genesis OLP or Genesis MLP in substitution or replacement of this Agreement (and which would accordingly result in termination of this Agreement), which agreement or facility or combination thereof is, in the reasonable judgment of the General Partner, fair and reasonable to Genesis OLP, and adequate for Genesis OLP to conduct its business substantially in the manner conducted under this Agreement.

Substitute Facility means any First Lien Substitute Facility and any Second Lien Substitute Facility.

Examples of Substitute Facility in a sentence

• If a Designating Lender designates a Substitute Facility Office or Substitute Affiliate Lender in accordance with this clause: (i) any Substitute Affiliate Lender shall be treated for the purposes of Section 3.05 as having become a Lender on the Restatement Effective Date; and (ii) the provisions of Section 11.06 shall not apply to or in respect of any Substitute Facility Office or Substitute Affiliate Lender.

• The price charged to the Buyer for the Product produced at the Substitute Facility shall be the unit price for producing such Product at the Substitute Facility.

• As applicable, credit shall be allowed or Utility shall pay for Betterments in accordance with the following: The amount of a Betterment credit, if any, shall be the estimated cost of the Replacement Facility, minus the estimated cost of a Substitute Facility.

• If a Force Majeure Event occurs that directly affects fewer than all of the Approved Facilities of the Producer, Producer agrees that, in the event that the transfer of production of Products to a Substitute Facility creates production capacity problems at the Substitute Facility, Producer shall in good faith take reasonable steps to meet the production requirements of the Buyer under this Agreement in a manner consistent with Producer's obligations to other customers.

• If a Designating Lender designates a Substitute Facility Office or Substitute Affiliate Lender in accordance with this clause: (i) any Substitute Affiliate Lender shall be treated for the purposes of Section 5.4 as having become a Lender on the date of this Agreement; and (ii) the provisions of Section 13.6 shall not apply to or in respect of any Substitute Facility Office or Substitute Affiliate Lender.

More Definitions of Substitute Facility

Substitute Facility. A lease to Tenant of one or more substitute hotel ------------------- facilities pursuant to one or more leases that would create for the Tenant leasehold estates that have an aggregate Leasehold Value of no less than the Leasehold Value of the leasehold estate hereunder, such values being determined as of the closing of the sale of the Leased Property or as of the date of termination of this Lease.

Substitute Facility means, upon the written request of the Borrowers and approval by all of the Lenders (which approval shall be based on customary due diligence, and subject to execution and delivery of mutually satisfactory amendments to the Financing Documents and additional security documents) an ethanol production facility in development by a subsidiary of Pacific Holding that is substituted for one of the Greenfield Facilities (and related Borrowers); provided that if such proposed replacement facility is an ethanol facility to be located at Plymouth, Washington with a design basis capacity of approximately fifty (50) million gallons per year of denatured ethanol, together with wet and dried distiller's grains and carbon dioxide as described to the Lead Arrangers prior to the date hereof, the consent of Lenders holding eighty percent (80%) or more of the Commitments will be required for such approval.

Substitute Facility has the meaning set forth in § 13.7.

Substitute Facility. As defined in Article XXXIII hereof.

Substitute Facility means a solar PV generating facility for which SRP has entered into a power purchase agreement and that is or will be newly constructed and made operational after the Effective Date, and the output of which is not committed to another subscriber, purchaser or off-taker, or needed, in SRP’s judgment, for its own purposes. SRP will provide Customer with periodic updates on the construction status of the Facility, and will use commercially reasonable efforts to promptly notify Customer if SRP learns of any event or circumstance that will delay, or is reasonably likely to delay, the Facility COD beyond the COD Deadline.

Substitute Facility has the meaning attributed to it in subclause ------------------- 10.3(b);

Substitute Facility means any facility or landfill for disposal of Solid Waste not owned or operated by ecomaine, which is used or designated by ecomaine to Handle any Acceptable Waste of the MUNICIPALITY during periods that the Facility is not in operation. ecomaine covenants it shall not divert MUNICIPALTY’s Waste to substitute facilities that are not properly licensed to handle and accept such Waste.