Material Project Contracts definition
Examples of Material Project Contracts in a sentence
Seller hereby covenants and agrees to use Commercially Reasonable Efforts to achieve Project Final Completion in accordance with the Scope of Work, the Final Drawings & Specifications, the Material Project Contracts, Laws, Prudent Industry Practices, and all other applicable terms and provisions of this Agreement (collectively, the “Requirements”).
Seller represents and warrants that all of the Material Project Contracts listed on Section 19.9(a) of the Disclosure Schedules as of the Signing Date were fully executed by ProjectCo or Seller, as applicable, and each counterparty thereto prior to the Signing Date.
There is no breach or default, or condition that with notice and/or the passage of time would constitute a breach or default by the Borrower (nor, to the Borrower’s knowledge, by any counterparty thereto) under the Material Project Contracts or the Data Center Leases/Licenses to which the Borrower is a party, except in each case to the extent that such breach, default or condition would not reasonably to have any Material Adverse Effect.
In addition, the Borrower shall provide Lender with advanced drafts of Material Project Contracts prior to the execution and delivery thereof.
As of the date hereof and the Closing Date, except as has been previously disclosed in writing to the Administrative Agent, none of the Material Project Contracts have been amended, modified or terminated (other than as a result of the expiration of the stated term of such Material Project Contract and not as a result of a breach or default thereunder).