Capitalized terms in this Guidance have the meanings set out below and additional capitalized terms used in the Sample Drafting sections are defined in those sections.
has the meaning set out in Section 5, Refinancing. |
means the public authority that enters into the PPP Contract with the Private Partner. |
means Version 4.3 of the Netherlands Standard PPP Contract published in April (accommodation) and June (infrastructure) 2016. See links in Appendix, Additional PPP Resources. |
means, at any time, the Shareholders and/or their parent companies, as the context requires. |
has the meaning set out in Section 3, Change in Law. |
means the National Public Private Partnership Guidelines, Volume 3: National Commercial Principles for Social Infrastructure (December 2008) and/or the National Public Private Partnership Guidelines, Volume 7: National Commercial Principles for Economic Infrastructure (February 2011) published by the Australian Government Department of Infrastructure and Regional Development. See links in Appendix, Additional PPP Resources. |
means the finance parties under the Senior Finance Documents providing senior debt to the Private Partner [and/or the Issuer - see Section 9, Bond Financing] for the purpose of the PPP Project (excluding the Shareholders and their affiliates, as providers of equity or subordinated debt). |
means Material Adverse Government Action as further described in Section 2, Material Adverse Government Action. |
has the meaning set out in Section 4, Termination Payments. |
means the Contracting Authority and/or the Private Partner, as the context requires. |
means Public-Private Partnership. See also definition of "PPP Contract". |
means the long-term agreement between the Contracting Authority and the Private Partner, for providing a public asset or service, in which the Private Partner bears significant risk and management responsibility, and remuneration is linked to performance.1 |
means the underlying project which is the subject of the PPP Contract. |
means the private company that enters into the PPP Contract with the Contracting Authority. The Private Partner often takes the form of a special purpose company. |
means the [any offtake agreement, construction contract, the operating and maintenance agreement, the land lease agreement]2. |
has the meaning set out in Section 4, Termination Payments. |
means, at any time, any person holding share capital in the Private Partner [adapt as appropriate to reflect financing and holding structure]. |
means South Africa's National Treasury Standardised PPP Provisions: First Issue, published 11 March 2004. See link in Appendix, Additional PPP Resources. |
means the Standardisation of PF2 Contracts (Draft) guidance issued by HM Treasury in the United Kingdom, launched on 5 December 2012. See link in Appendix, Additional PPP Resources. |
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1 There is no single, internationally accepted, definition of Public-Private Partnership. This definition is the definition provided in the PPP Reference Guide Version 3.0, dated April 2017. See link in Appendix, Additional PPP Resources.
2 To be tailored on a project-by-project basis to refer to the material contracts entered into by the Private Partner in connection with and relevant for the PPP Project.