What does Project company mean? In PPP/PFI procurement, a project company is the special purpose vehicle (SPV) incorporated by the winning bidder to enter into the project agreement (for example, a PFI Project Agreement, PPP agreement or concession agreement) with the public authority and deliver the project. It ring-fences project risks and cashflows, is usually a company limited by shares owned by the sponsors, and raises limited‑recourse project finance. The project company receives the unitary charge or user revenues, lets the key sub‑contracts (construction/DB and O&M/FM), grants security over its assets and shares, and enters into direct agreements with lenders and the authority to provide...
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Most projects rest on a dense network of contractual ties linking all key participants in the scheme (eg the project company, equity investors, contractors, sub-contractors, offtakers and suppliers). Taken together, these contracts are commonly termed the ‘project documents’ in practice (see: Project documents—issues for lenders—overview). In projects focused on the production or exploitation of a product (eg a power project or a mine project), offtake agreements are also generally regarded as some of the principal project documents indeed.
An offtake contract is an agreement under which a third party (the offtaker) undertakes to purchase a defined quantity of the product generated by a project at an agreed price. The product is usually a commodity such as oil, gas, minerals or power. The purpose of an offtake contract is to:
It is not always mandatory for the project company to enter into offtake contracts, however...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...