Financing Option Sample Clauses
A Financing Option clause outlines the terms under which a party may obtain or arrange financing related to the transaction or agreement. Typically, this clause specifies the types of financing permitted, any conditions or approvals required, and the timeframe within which financing must be secured. For example, it may allow a buyer to make the agreement contingent on obtaining a loan or other funding. The core function of this clause is to provide flexibility and protection for parties who need external funds to fulfill their obligations, thereby reducing the risk of default due to lack of financing.
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Financing Option. Section 6.5.7. Pursuant to Section 6.5.7 of the Master Lease, Tenant is entitled to [***] per year for Financed Alterations. For the period commencing on the Effective Date and ending on August 31, 2018 (i.e., the expiration of the third Lease Year), ▇▇▇▇▇▇ was entitled to request up to [***] for Financed Alterations (the “Total Permitted Amount”) but Tenant only requested [***] for Financed Alterations (the “Total Requested Amount”). Notwithstanding the fact that ▇▇▇▇▇▇ did not request the Total Permitted Amount, Landlord has agreed to offer financing for up to [***] (the “NHCC Project Funds”) (i.e., the difference between the Total Permitted Amount and the Total Requested Amount), to be used only for NHCC Expenditures (as hereinafter defined) in the manner set forth in this Amendment. The NHCC Project shall be considered a Facility, an Alteration and a Financed Alteration under the terms of the Master Lease.
Financing Option. Prior to the closing of the merger, Purchaser shall have until September 29, 2000 to purchase up to $5,000,000 of the Seller's common stock at $.20 per share."
2. Except as modified by this Agreement, all terms and conditions of the Letter of Intent are hereby reaffirmed.
Financing Option. During each of the first five years of the Term, Landlord shall, at Tenant’s request, offer financing to Tenant for up to $30,000,000 per year of (i) expenditures relating to Alterations not including appliances or personal property, (ii) the acquisition and/or development of a healthcare facility that will, upon acquisition, become a part of the Premises and be a Facility that is leased by Tenant hereunder, (iii) uninsured losses expended by Tenant pursuant to Section 12.6, (iv) restoration costs expended by Tenant pursuant to Section 13, or (v) expenditures relating to the BSA Emergency Department Project (each such Alteration obtained in connection with such financing being referred to herein as “Financed Alterations”). In the event that Tenant elects to avail itself of such financing, or such acquired Facility, as applicable, Tenant shall enter into with Landlord, forthwith, and in any event prior to disbursement or advance of any of the cost of such Financed Alteration, (i) at Landlord’s option, if applicable, a construction development and completion agreement or a construction loan agreement and a purchase agreement, which shall set forth Landlord’s then standard terms and conditions respecting such disbursements or advances (as may be modified by mutual agreement of Landlord and Tenant) and (ii) an amendment to this Lease, providing for increases in Minimum Rent with respect to the applicable Facility equal to the product of (y) the amount disbursed by Landlord on account of the Financed Alteration times (z) 7.5%. Any such Alterations shall immediately become a part of the Premises upon completion and shall not count toward the requirements set forth in Section 6.4 above. Tenant shall pay all reasonable and documented third party costs, fees and expenses (including fees and costs of outside attorneys) incurred by Landlord in connection with the review of the Financed Alteration and with the preparation, negotiation and execution of all documents related thereto. Notwithstanding anything to the contrary contained herein, Financed Alterations shall include only non-recurring expenditures, including without limitation the addition of a patient tower, refurbishment of an emergency room, and other structural changes to the Premises that may be required by Legal Requirements.
Financing Option. If Customer elects to lease the pertinent Products and/or Services, Customer:
i. ▇▇▇▇▇ inform ▇▇▇▇▇▇ of such election no later than the time that the pertinent Order is executed to avoid being liable for sales tax on the Products and/or Services provided under the pertinent Order; and
ii. May assign an Order to a financing company for the sole purpose of financing the Price, provided that Customer agrees that any such assignment shall not delay or relieve Customer of its duty to perform any of its obligations under this Agreement (including, but not limited to, liability for amounts owed under this Agreement). Customer further agrees that it shall not take any action, or refuse to take any action, that delays Seller’s receipt of payment from Customer’s financing company.
Financing Option. The Developers shall have the right, but not the obligation, to invest in any equity or debt financing related to the Monterde Project in percentage amounts equal to their respective percentage interest in the outstanding shares of KRI acquired pursuant to Section 3.03 above. Provided, however, that the Developers' resulting interests and those of Affiliates or parties with whom they have a voting agreement for the voting of KRI shares do not collectively exceed 25% of the then outstanding shares of KRI. KRI will give the Developers notice of its intention to carry out a financing and the Developers shall have ten (10) business days in which to declare their intentions to KRI.
Financing Option. If Customer elects to lease the pertinent Products and/or Services, Customer:
i. ▇▇▇▇▇ inform ▇▇▇▇▇▇ of such election no later than the time that the pertinent Solution Summary is executed to avoid being liable for sales tax on the Products and/or Services provided under the pertinent Solution Summary; and
ii. May assign a Solution Summary to a financing company for the sole purpose of financing the Price, provided that Customer agrees that any such assignment shall not delay or relieve Customer of its duty to perform any of its obligations under this Agreement (including, but not limited to, liability for amounts owed under this Agreement). Customer further agrees that it shall not take any action, or refuse to take any action, that delays Seller’s receipt of payment from Customer’s financing company.
Financing Option. Provided no Event of Default has occurred or is continuing under this Schedule and the Agreement, Lessee may exercise the following technology refresh option ("Tech Refresh Option") by delivering to Lessor an irrevocable written election notice to exercise the Tech Refresh Option at least 120 days prior to the expiration of the Primary Term and by completing all of the following on or before the beginning of the last month of the Primary Term (the “Tech Refresh Date”):
Financing Option. 4.1 Highwater represents that its Board has considered the Convertible Loan terms attached as Exhibit A and that its Board has found such terms to be a fair starting place for discussions between the Parties should Highwater wish to secure financing or equity investment from Butamax and in the event that Butamax in its sole discretion decides to provide such financing or investment to Highwater based on the facts available at the time. Each Party expressly agrees and acknowledges that neither this Section 4.1 nor Exhibit A contains or creates any express or implied obligation or commitment for either Party to enter into discussions or negotiations about or enter into an agreement for (i) the Convertible Loan or (ii) any other financing or equity investment from Butamax to Highwater.
Financing Option. AML shall procure that the Company shall grant and the Company hereby grants to APB (and/or to such other member or members of the APB Group as may from time to time be nominated by APB by notice in writing from APB) an option (the "Finance Option") to subscribe for, with effect on the date of exercise of the Finance Option, the Finance Shares.
Financing Option. 7.2.1 Provided that Evanachan has exercised the Second Option, and the joint venture has not yet been formed pursuant to Section 7.1, within 75 days of receiving a Production Notice (as defined in the joint venture agreement attached as Schedule B), Rimfire may request that Evanachan arrange project financing required for mine costs (the “Financing Option”), in return for an additional undivided 5% legal and beneficial interest in the Property on the terms and conditions described in this Section 7.2.
7.2.2 In order to exercise the Financing Option, Evanachan shall:
(a) have delivered the Production Notice to Rimfire; and
(b) arrange project financing for the mine costs as set out in the Feasibility Study, with Rimfire’s portion of the project financing to be recovered solely from 80% of Rimfire’s share of free cash flow from the mining operations and which Evanachan will use best efforts to arrange (for both Evanachan and Rimfire based on prevailing market conditions).
7.2.3 Upon Evanachan having arranged project financing, Evanachan shall have exercised the Financing Option and Rimfire shall transfer to Evanachan an additional undivided 5% legal and beneficial Interest in the Property, free and clear of any liens, charge, encumbrances or underlying agreements or interests, subject only to the applicable terms of the Underlying Royalties.
7.2.4 If Evanachan fails to arrange project financing and does not exercise the Financing Option, Evanachan will retain its then current interest in the Property.