THE
DOCUMENTS EXECUTED IN CONNECTION THEREWITH (INCLUDING AMOUNTS PAYABLE PURSUANT
TO SECTION 9.1 OF THE CREDIT AGREEMENT AND ACCELERATION OF THE PRINCIPAL,
INTEREST OR ANY OTHER AMOUNTS); (B) AMOUNTS PAYABLE PURSUANT TO SECTION 9.2 OF
THE CREDIT AGREEMENT; AND (C) AMOUNTS ARISING FROM OR RELATING TO ANY ACTIONS
TAKEN WITH RESPECT TO THE FINANCING DOCUMENTS (AS DEFINED IN THE CREDIT
AGREEMENT), INCLUDING ANY RESTRUCTURING, AMENDMENT OR OTHER MODIFICATION THEREOF
OR ANY CONSENT OR WAIVER THEREUNDER.
1.45
"EXPANSION COMPANY" SHALL HAVE THE MEANING SET FORTH IN
SECTION 3.7(A).
1.46
"EXPECTED RECEIPT QUANTITY" MEANS, WITH RESPECT TO A GIVEN CARGO,
CUSTOMER'S REASONABLE ESTIMATE OF THE QUANTITY OF LNG (IN MMBTUS) THAT SUCH
CARGO IS EXPECTED TO UNLOAD AT THE FREEPORT FACILITY, TAKING INTO CONSIDERATION
(A) THE EXPECTED COMPOSITION OF
5
THE CARGO ANTICIPATED TO BE LOADED AT THE LOADING PORT, (B) THE EXPECTED LOADED
VOLUME OF SUCH CARGO, (C) THE NATURAL BOIL-OFF, AND FUEL GAS USED BY THE VESSEL
IN EXCESS OF NATURAL BOIL-OFF, EXPECTED DURING SHIPMENT OF THE CARGO, (D) THE
ANTICIPATED TIME REQUIRED FROM THE COMMENCEMENT OF LOADING OF SUCH CARGO TO THE
COMPLETION OF UNLOADING OF SUCH CARGO, AND (E) THE ANTICIPATED QUANTITY OF HEEL
TO BE RETAINED BY SUCH CARGO.
FOR PURPOSES OF THIS AGREEMENT, THE TERM
"EXPECTED RECEIPT QUANTITY" SHALL BE THE ESTIMATE SET FORTH IN THE NOTICE
DELIVERED PURSUANT TO SECTION 5.1(B)(II), AS MAY BE SUBSEQUENTLY AMENDED
PURSUANT TO SECTION 9.4(A).
1.47
"EXTENSION TERM" SHALL HAVE THE MEANING SET FORTH IN SECTION 7.1(B).
1.48
"FEE" SHALL HAVE THE MEANING SET FORTH IN SECTION 4.1.
1.49
"FERC" MEANS THE FEDERAL ENERGY REGULATORY COMMISSION OR A SUCCESSOR
REGULATORY AGENCY.
1.50
"FLNG" MEANS FREEPORT LNG DEVELOPMENT, L.P., UNLESS AND UNTIL
SUBSTITUTED BY AN ASSIGNEE BY NOVATION IN ACCORDANCE WITH ARTICLE 19, WHEREUPON
SUCH ASSIGNEE SHALL BECOME FLNG FOR ALL PURPOSES.
1.51
"FLNG COMPONENT" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.1(A)(I)B.
1.52
"FLT" MEANS FREEPORT LNG TERMINAL, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AND ITS SUCCESSORS AND ASSIGNS.
1.53
"FOC INSTALLMENT" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.1(A)(I)C.
1.54
"FOC RATIO" MEANS THE RATIO CALCULATED FOR ANY GIVEN CONTRACT YEAR,
DETERMINED AS FOLLOWS:
(a)
Customer Contracted Capacity; divided by
(b)
the Aggregate Contracted Capacity;
provided, however, that for each Contract Year during the Build-up Period the
FOC Ratio shall in no event exceed two thirds (2/3).
1.55
"FOC RECONCILIATION" SHALL HAVE THE MEANING SET FORTH IN
SECTION 4.1(A)(I)C.
1.56
"FORCE MAJEURE" SHALL HAVE THE MEANING SET FORTH IN SECTION 17.1.
1.57
"FOR CUSTOMER", "FOR CUSTOMER'S ACCOUNT", "ON BEHALF OF CUSTOMER" OR
OTHER PHRASES CONTAINING SIMILAR WORDING SHALL INCLUDE LNG DELIVERED TO THE
FREEPORT FACILITY AT CUSTOMER'S DIRECTION OR LNG DELIVERED TO THE FREEPORT
FACILITY BY A TEMPORARY CUSTOMER, AS THE CONTEXT MAY REQUIRE, AND SHALL INCLUDE
CUSTOMER'S INVENTORY (INCLUDING ANY TEMPORARY RELEASE INVENTORY).
1.58
"FREEPORT FACILITY" MEANS THE FOLLOWING FLNG FACILITIES IN BRAZORIA
COUNTY NEAR FREEPORT, TEXAS USED TO PROVIDE SERVICES HEREUNDER, AS SUCH
FACILITIES WILL BE CONSTRUCTED AND MODIFIED FROM TIME TO TIME IN