Common use of The Project Company Clause in Contracts

The Project Company. (a) As of the Closing, DVSL shall be owned by the Parties in accordance with the DVSL Operating Agreement, and the Project shall be wholly owned by DVSL. The Project, the Project Documents, Permits, Financing Agreements (if any), the Shared Facilities and any assets, equipment, parts, interests or other property (tangible or intangible) related to the Project shall be and at all times shall have been the sole assets of DVSL. (b) The capital necessary for the construction and completion of the Project (or the reimbursement thereof as Approved Expenses) will be, or shall have been, provided by the Parties holding Class B Membership Interests through one or more equity investments (the “Equity Investment(s)”), as determined by Spring Lane and the Parent, in each case, subject to the terms of this Agreement, including Article IV hereof. (c) In the event that DVSL intends to co-own certain facilities with any computing company owning an adjacent Project, then, subject to the approval of Spring Lane, DVSL and each such other computing company shall enter into a Shared Facilities Agreement.

Appears in 2 contracts

Sources: Contribution Agreement (Soluna Holdings, Inc), Contribution Agreement (Soluna Holdings, Inc)