Additional Facility Sample Clauses
The 'Additional Facility' clause defines the availability of supplementary dispute resolution mechanisms beyond the standard procedures provided in the main agreement. Typically, this clause allows parties to refer disputes to an alternative arbitration center or set of rules, such as those offered by the International Centre for Settlement of Investment Disputes (ICSID) Additional Facility Rules, when the primary forum is unavailable or inapplicable. By including this clause, the agreement ensures that parties have a clear and agreed-upon method for resolving disputes even in situations where the main arbitration framework cannot be used, thereby reducing uncertainty and potential deadlock.
Additional Facility. (a) The Company may notify the Facility Agent that it wishes to establish one or more additional term loan facilities (each an “Additional Facility”) by delivery to the Facility Agent of a duly completed Additional Facility Accession Agreement, duly executed by the Company, each Additional Facility Lender for the Additional Facility and the Additional Facility Borrower for the Additional Facility, provided that:
(i) no Event of Default is continuing;
(ii) the terms of the Additional Facility provide that no Utilisation may be made of such Additional Facility if, at the time of such Utilisation, an Event of Default is continuing or would result from such Utilisation;
(iii) the Final Maturity Date applicable to the Additional Facility shall be no earlier than 3 September 2012 and there shall be no scheduled prior repayments required in relation to the Additional Facility;
(iv) the Additional Facility Borrower for the Additional Facility is an existing Borrower;
(v) the interest rate, fees and related provisions, tax gross-up provisions and indemnity provisions applicable to, and the currency of, the Additional Facility shall be agreed by the Additional Facility Borrower and the Additional Facility Lenders; provided that the Additional Facility Margin may not exceed the sum of:
(A) the highest Applicable Margin payable on the B7 Facility, B8 Facility, B9 Facility, B10 Facility, B11 Facility or B12 Facility; and
(B) 0.75% per annum;
(vi) an amount equal to the Additional Facility Outstandings in relation to any drawing under such Additional Facility shall be applied by the Borrower in irrevocable repayment or prepayment of Outstandings in accordance with Clause 12.5(a)(iii) (Repayment from Debt Proceeds) and Clause 11.3 (Application of Repayments); and
(vii) the terms of the Additional Facility shall be consistent in all material respects with the Term Facilities except to the extent of variations therefrom with respect to availability, interest period, conditions precedent, representations and warranties, utilisation mechanics, voluntary cancellation and voluntary prepayment, fees, costs and expenses, transfers and amendments and waivers, in each case which relate and (subject as provided below) apply exclusively to the Additional Facility and to the rights and obligations of the Additional Lenders under the Additional Facility (for the avoidance of doubt, however, a breach of any term thereof shall be subject to Clause 27 (Events of Default) for all purposes...
Additional Facility. 16.1.1 The Facility Manager agrees and acknowledges that the MOR and/ or Railway Administration shall, directly or through their respective nominees/ representatives (including Authority), be entitled to grant sub-lease/ sub-licenses in respect of other land and airspace adjoining and/ or near the Station Area not covered in the Development Agreement (each a “Additional Facility”) in one or more lots, in such manner and on such terms as the MOR and/ or Railway Administration or such nominees/ representative deem fit.
16.1.2 The Facility Manager shall have no rights (including specifically any rights of pre- emption) with respect to any such Additional Facility, nor shall the Facility Manager be permitted any alteration, variation, or modification of the SFM Agreement (including specifically theextent of License Fee or the Term of SFMA) consequent to any such development of an Additional Facility by the Authority/ MOR and/ or Railway Administration (and/ or their nominee/ representative). Notwithstanding anything contrary contained herein, the Facility Manager shall have no rights, entitlements and / or interest, of any nature whatsoever, in respect of any future developments and / or works in / around the Station Area and Authority shall be fully entitled to all such future developments and works and shall also have the exclusive prerogative of deciding on matters relating to maintenance, management and operation of the same without any claims/objection in respect of the same from the Facility Manager.
Additional Facility. (a) Any Borrower (other than OI Europe or O-I Canada) shall have the right at any time (so long as (x) no Unmatured Event of Default or Event of Default then exists; provided, that, in the case of Additional Facilities (as defined below) incurred to consummate an Acquisition permitted pursuant to Section 8.3, no Event of Default under Section 10.1(a) or Section 10.1(i) then exists and (y) Company shall have delivered to Administrative Agent a Compliance Certificate for the period of four (4) full Fiscal Quarters immediately preceding the incurrence described below (prepared in good faith and in a manner and using such methodology which is consistent with the most recent financial statements delivered pursuant to Section 7.1) giving pro forma effect to such incurrence and the application of the proceeds thereof (excluding the cash proceeds of such incurrence and, with respect to any Additional Revolving Commitment, assuming a borrowing of the maximum amount of Loans available thereunder) and evidencing compliance with the covenant set forth in Article IX); provided, that, in the case of Additional Facilities (as defined below) incurred to consummate an Acquisition permitted pursuant to Section 8.3, such Compliance Certificate may, at Company’s election, be delivered at the time of entry into definitive documentation for an Acquisition permitted pursuant to Section 8.3 evidencing compliance with the covenant set forth in Article IX (on a Pro Forma Basis giving pro forma effect to such incurrence and the application of the proceeds thereof (excluding the cash proceeds of such incurrence and, with respect to any Additional Revolving Commitment, assuming a borrowing of the maximum amount of Loans available thereunder)) as of the last day of the Fiscal Quarter immediately preceding the entry into such definitive documentation, and from time to time after the Closing Date to incur from one or more existing Lenders and/or other Persons that are Eligible Assignees and which, in each case, agree to make such commitments and loans to such Borrower, in Dollars or in an Alternative Currency, in an aggregate principal amount not to exceed an amount equal to the sum of (A)(i) $1,500,000,000 (or the Dollar Equivalent thereof in an Alternative Currency at the time of funding) minus (ii) the total amount of Accordion-Reducing Permitted Secured Debt incurred through such date plus (B) the amount of any optional prepayment of any Loan, including any Loan under any Additional ...
Additional Facility. The Master Lease is hereby amended to modify the “Pool 4 Facilities” to add the Additional Facility thereto and Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, as part of the Leased Property, all of Lessor’s right, title and interest in and to the Additional Facility, including any improvements currently and to be located thereon, subject to all of the terms, conditions and provisions of the Master Lease, as it is hereby, and may be hereafter, amended, supplemented, restated or otherwise modified.
Additional Facility. In relation to the financing of Rig 2 and/or Rig 3, but always at the option of the TOO Group, the Borrower and/or any other member of the TOO Group agrees to:
(a) enter into a Restatement (and the Facility Beneficiaries shall use reasonable endeavours to agree to the terms of a Restatement); or
(b) if it is unable to agree on a Restatement and intends to enter into an Additional Facility, procure that it will not enter into such Additional Facility, unless each of the Security Parties, the Facility Beneficiaries and the parties to the Additional Facility have entered into an intercreditor agreement in form and substance satisfactory to the Facility Beneficiaries and GIEK, together with any amendments in relation to the Facility Documents and, in each case, based on the Additional Facility Principles, and without payment of additional fees (payable for the account of the Facility Beneficiaries and/or GIEK in respect of the Vessel and/or the Loan) by the Security Parties.
Additional Facility. Subject to the terms of this Agreement, and at the Borrower’s option pursuant to Clause 3 (Additional Facility Option) below, the Authority agrees to make a further term loan facility available to the Borrower during the Availability Period in a principal amount not exceeding the Additional Facility.
Additional Facility. During the first five (5) years of the Agreement Term, Buyer may request that Seller, or any Affiliate of Seller, develop, construct, operate and maintain one (1) additional 200 MW nameplate electric generating facility (such facility and all related tangible and intangible rights, property, equipment, data, records, plans and other information are referred to as the “Additional Facility”). Seller agrees to use its best efforts in the normal course of business to secure a new site conveniently accessible to Buyer’s Balancing Authority Area (as defined by NERC) and to develop, construct, operate and maintain the Additional Facility using Seller’s most up to date know-how and design. Seller agrees to sell all of the energy from the Additional Facility to Buyer on terms that are comparable to those associated with the Facility, adjusted as necessary for actual and demonstrable increases in cost for development, transmission, construction, operation and financing. Seller shall make the terms and conditions of the proposed Additional Facility available for review by Buyer and will authorize and permit Buyer and its representatives to have reasonable access during normal business hours, upon reasonable notice, to the Additional Facility, and such records, operating materials and other information with respect to the Additional Facility as Buyer may from time to time reasonably request, and to make copies of such records and other documents, and to discuss the Additional Facility with such Persons as Buyer reasonably considers necessary or appropriate for purposes of familiarizing itself with the Additional Facility, obtaining any necessary approvals of or permits for the transaction contemplated by this Section 12.2, and conducting an evaluation of the Additional Facility. The Parties acknowledge that money damages may not be an adequate remedy for violations of this Section and that Buyer may, in its sole discretion, seek and obtain from a court of competent jurisdiction specific performance or injunctive or such other relief as such court may deem just and proper to enforce this Section or to prevent any violation hereof. Seller hereby waives any objection specific performance of injunctive relief.
Additional Facility. On and after the date hereof, the Borrower may request one or more of the Lenders or any other Person that would become a Lender pursuant to the provisions of this Agreement upon its execution of an Additional Lender Supplement, to provide commitments to make one or more loans to the Borrower (each an "Additional Loan"); each of which loans shall be deemed to be a loan under this Agreement and shall be entitled to the benefits of this Agreement, provided that (i) the aggregate principal amount of the Additional Loans shall not exceed $50,000,000, (ii) the final maturity date of such loans shall be as set forth in the Additional Lender Supplement, (iii) both before and after giving effect to the making of the Additional Loans, no Default shall have occurred and be continuing and (iv) the interest rate, commitment fees and other amounts payable in respect of the Additional Loans shall be as set forth for the Loans.
Additional Facility. Additional Facility" means those Facilities resulting from the completion of development and construction of an Additional Project.
Additional Facility. The Master Lease is hereby amended to modify the “Pool 4 Facilities” to add the Additional Facility thereto and Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, as part of the Leased Property, all of Lessor’s right, title and interest in and to the Additional Facility, including any improvements currently and to be located thereon, subject to all of the terms, conditions and provisions of the Master Lease, as it is hereby, and may be hereafter, amended, supplemented, restated or otherwise modified, subject to all of the terms, conditions and provisions of the Lacey Superior Lease. Notwithstanding that the Lacey Superior Lease is not a ground lease, Lessor and Lessee hereby agree that each shall be considered a “Superior Lease” as defined and used in the Master Lease. The foregoing notwithstanding, to the extent that discrepancies exist between Lessee’s obligations under the Master Lease and the Lacey Superior Lease, Lessee’s obligations under the Master Lease shall control.