1.1 Definitions

In this Agreement, the following terms shall, unless the context otherwise requires, have the following meanings:

"Ancillary Documents"

has the meaning given in the Design Build Finance and Maintain Agreement;

"Business Day"

means a day other than a Saturday, Sunday or a bank holiday in Scotland;

"Construction Contract"

has the meaning given in the Design Build Finance and Maintain Agreement;

"Design Build Finance and Maintain Agreement"

means the Design Build Finance and Maintain Agreement of even date herewith between (1) the Authority and (2) Sub-hubco;

"Event of Sub-hubco Default"

has the meaning given in the Construction Contract;

"Funders"

means [ ];

"Funders' Contractor Direct Agreement"

means [ ];

"Funders' Direct Agreement"

is the agreement of even date herewith between, amongst others, Sub-hubco, the Contractor and the Senior Funder;

"Funding Agreements"

means [ ];

"Novation Agreement"

has the meaning given in Clause 4.5.3(b) ;

"Novation Effective Date"

means the date of performance of the obligations set out in Clause 4 (Novation);

"Parent Company Guarantee"

has the meaning given in the Construction Contract;

"Proposed Novation Date"

has the meaning given in Clause 4.1 (Proposed Substitute);

"Proposed Novation Notice"

has the meaning given in Clause 4.1 (Proposed Substitute);

"Proposed Step-in Date"

has the meaning given in Clause 3.1 (Step-in Notice);

"Proposed Substitute"

has the meaning given in Clause 4.1 (Proposed Substitute);

"Security Documents"

has the meaning given in the Funders' Direct Agreement;

"Senior Funder"

means [insert details];

"Step-in Date"

means the date of issue of the Step-in Undertaking;

"Step-in Notice"

has the meaning given in Clause 3.1 (Step-in Notice);

"Step-in Period"

means the period commencing on the Step-in Date and ending on the earliest of:

(a) the date of the first anniversary of the Step-in Date (but subject always to Clause 4.7 (Extension of Step-in Period));

(b) the Step-out Date;

(c) the Novation Effective Date; and

(d) termination of the Construction Contract under Clause 3.3 (Restriction of Right of Termination);

"Step-in Undertaking"

has the meaning given in Clause 3.2.4 ;

"Step-out Date"

has the meaning given in Clause 3.4.1;

"Termination Notice"

has the meaning given in Clause 2.3 (Termination Notice).