Given the Capex Budget is likely to have blown out (inflation...

Given the Capex Budget is likely to have blown out (inflation and scale of operation), this creates an interesting situation….Texas Hold’em…




(f) Conditions relating to Investor’s post-Closing funding obligations. Notwithstanding anything to the contrary in the Transaction Documents, the obligations of Investor to fund post-Closing any or all of the amount of the Aggregate Capital Commitment in excess of the Initial Cash Consideration (a “Subsequent Funding Obligation”) shall be subject to ***. Investor’s obligations to make a Subsequent Funding Obligation shall be suspended for as long as the relevant Adverse Subsequent Funding Decision remains in effect (and, unless terminated in accordance with this Agreement, shall resume if the Adverse Subsequent Funding Decision is lifted) and shall terminate upon the earlier of ***.