Common use of Adequate Rights Clause in Contracts

Adequate Rights. Based upon the Lessee’s reasonable expectations, and subject to obtaining any necessary Permits, which under any Applicable Law on the Closing Date the Lessor would be able to obtain upon or before the expiration or earlier termination of the Lease Term, the rights and interests made available to the Lessor pursuant to the Support Agreement, the Operating Agreement and the other Operative Documents, permit on a commercially practicable basis after the expiration or earlier termination of the Lease Term, (i) the occupation, use, operation, leasing, possession, maintenance, replacement, renewal and repair by or on behalf of the Lessor of the Undivided Interest and the ability of the Lessor to make all reasonably contemplated necessary or desirable alterations, Modifications, additions, accessions, improvements, appurtenances, replacements and substitutions thereof and thereto, subject to the provisions of the Operative Documents, (ii) appropriate ingress to and egress by the Lessor from the Facility Site and the Undivided Interest for any reasonable purpose in connection with the exercise of rights under the Support Agreement, the Operating Agreement and the Site Lease and with the Lessor’s Interest, (iii) the procurement of other rights, supplies and services necessary or appropriate to utilize the Undivided Interest in a commercial manner (including, without limitation, access to fuel transport, storage and handling facilities, adequate land-fill or other waste disposal facilities and water, sewage and all other required utilities, in each case necessary or advisable for the commercial utilization of the Facility) and (iv) transmission services from the Undivided Interest sufficient to enable the Lessor to sell the output of the Undivided Interest.

Adequate Rights. Based upon (a) To the Lessee’s reasonable expectations, and subject to obtaining any necessary Permits, which under any Applicable Law on the Closing Date the Lessor would be able to obtain upon or before the expiration or earlier termination Actual Knowledge of the Lease TermBorrower, in all material respects, (i) the rights and interests made available to the Lessor Owner Trust pursuant to the Support Agreement, the Operating Agreement Agreements and the other Operative Documents, together with (ii) all materials, supplies and services, including, but not limited to, all natural gas, electrical, telephone, water, sanitary waste disposal, ash disposal, rail, coal supply, septic or water treatment system or services and all other utility services necessary for the present use, operation and maintenance of the Facility (currently available at the Facility, which to the Actual Knowledge of the Borrower are connected under valid permits and in working order, in all material respects) permit on a commercially practicable basis after the expiration or earlier termination practicablebasis as of the Lease Term, date hereof (iA) the occupation, maintenance and repair of the Facility and the Facility Site, (B) the use, operation, leasing and possession of the Facility and the Facility Site, (C) the use, operation, leasing, possession, maintenance, replacement, renewal and repair by or on behalf of the Lessor of the Undivided Interest and the ability of the Lessor to make all reasonably contemplated necessary or desirable alterations, Modificationsmodifications, additions, accessions, improvements, appurtenances, replacements and substitutions thereof and thereto, subject to the provisions of the Operative Documents, (iiD) appropriate ingress to and egress by the Lessor from the Facility Site and the Undivided Interest for any reasonable purpose in connection with the exercise operation, maintenance and use of the Facility, including, without limitation, access to dedicated public roads and all other material roads, easements, servitude, rights-of-way and other rights under of ingress and egress as are necessary for the Support Agreementpresent operation, maintenance and use of the Operating Agreement and the Site Lease and with the Lessor’s InterestFacility, (iiiE) the procurement of other rights, supplies rights and services necessary or appropriate to utilize the Undivided Interest Facility in a commercial manner manner, (including, without limitation, access to fuel transport, storage and handling facilities, adequate land-fill or other waste disposal facilities and water, sewage and all other required utilities, in each case necessary or advisable for the commercial utilization of the Facility) and (ivF) transmission services from the Undivided Interest Facility sufficient to enable the Lessor to sell sale of the output of the Undivided InterestFacility, and (G) the operation of the Facility as an independent unit.

Adequate Rights. (i) Based upon the Lessee’s reasonable expectationsexpectations of AEE, and subject to obtaining any necessary Permitslicenses, permits and approvals from Governmental Entities, which under any Applicable Law on the Closing Date the Lessor would Owner Trust will be able to obtain upon or before the expiration or earlier termination of the Lease Term, (A) the rights and interests made available to the Lessor Owner Trust or its permitted transferees pursuant to the Support Agreement, the Operating Agreement Agreements and the other Operative Documents, together with (B) all materials, supplies and services, including, but not limited to, all natural gas, electrical, telephone, water, sanitary waste disposal, ash disposal, rail, coal supply, septic 80 or water treatment system or services and all other utility services necessary for the present use, operation and maintenance of the Facility (currently available at the Facility, which to the Actual Knowledge of AEE are connected under valid permits and in working order, in all material respects) permit on a commercially practicable basis after commencing with the expiration or earlier sooner termination of the Lease Term, (i1) the occupation, maintenance and repair of the Facility and the Facility Site, (2) the use, operation, leasing and possession of the Facility and the Facility Site, (3) the use, operation, leasing, possession, maintenance, replacement, renewal and repair by or on behalf of the Lessor of the Undivided Interest and the ability of the Lessor to make all reasonably contemplated necessary or desirable alterations, Modificationsmodifications, additions, accessions, improvements, appurtenances, replacements and substitutions thereof and thereto, subject to the provisions of the Operative Documents, (ii4) appropriate ingress to and egress by the Lessor from the Facility Site and the Undivided Interest for any reasonable purpose in connection with the exercise of rights under the Support Agreement, the Operating Agreement and the Site Lease Agreements and with the Lessor’s InterestOwner Trust's interest in the Facility and the Facility Site, including, without limitation, access to dedicated public roads and to the Actual Knowledge of AEE, all other material roads, easements, servitude, rights-of-way and other rights of ingress and egress as are necessary for the present operation, maintenance and use of the Facility, (iii5) the procurement of other rights, supplies rights and services necessary or appropriate to utilize the Undivided Interest Facility in a commercial manner manner, (including, without limitation, access to fuel transport, storage and handling facilities, adequate land-fill or other waste disposal facilities and water, sewage and all other required utilities, in each case necessary or advisable for the commercial utilization of the Facility) and (iv6) transmission services from the Undivided Interest Facility sufficient to enable the Lessor Owner Trust to sell its share of the output of the Undivided InterestFacility, and (7) the operation of the Facility as an independent unit.

Adequate Rights. (i) Based upon the Lessee’s reasonable expectationsexpectations of AEE, and subject to obtaining any necessary Permitslicenses, permits and approvals from Governmental Entities, which under any Applicable Law on the Closing Date the Lessor would Owner Trust will be able to obtain upon or before the expiration or earlier termination of the Lease Term, (A) the rights and interests made available to the Lessor Owner Trust or its permitted transferees pursuant to the Support Agreement, the Operating Agreement Agreements and the other Operative Documents, together with (B) all materials, supplies and services, including, but not limited to, all natural gas, electrical, telephone, water, sanitary waste disposal, ash disposal, rail, coal supply, septic or water treatment system or services and all other utility services necessary for the present use, operation and maintenance of the Facility (currently available at the Facility, which to the Actual Knowledge of AEE are connected under valid permits and in working order, in all material respects) permit on a commercially practicable basis after commencing with the expiration or earlier sooner termination of the Lease Term, (i1) the occupation, maintenance and repair of the Facility and the Facility Site, (2) the use, operation, leasing and possession of the Facility and the Facility Site, (3) the use, operation, leasing, possession, maintenance, replacement, renewal and repair by or on behalf of the Lessor of the Undivided Interest and the ability of the Lessor to make all reasonably contemplated necessary or desirable alterations, Modificationsmodifications, additions, accessions, improvements, appurtenances, replacements and substitutions thereof and thereto, subject to the provisions of the Operative Documents, (ii4) appropriate ingress to and egress by the Lessor from the Facility Site and the Undivided Interest for any reasonable purpose in connection with the exercise of rights under the Support Agreement, the Operating Agreement and the Site Lease Agreements and with the Lessor’s InterestOwner Trust's interest in the Facility and the Facility Site, including, without limitation, access to dedicated public roads and to the Actual Knowledge of AEE, all other material roads, easements, servitude, rights-of-way and other rights of ingress and egress as are necessary for the present operation, maintenance and use of the Facility, (iii5) the procurement of other rights, supplies rights and services necessary or appropriate to utilize the Undivided Interest Facility in a commercial manner manner, (including, without limitation, access to fuel transport, storage and handling facilities, adequate land-fill or other waste disposal facilities and water, sewage and all other required utilities, in each case necessary or advisable for the commercial utilization of the Facility) and (iv6) transmission services from the Undivided Interest Facility sufficient to enable the Lessor Owner Trust to sell its share of the output of the Undivided InterestFacility, and (7) the operation of the Facility as an independent unit.

Adequate Rights. Based upon the Lessee’s reasonable expectations, and subject to obtaining any necessary Permits, which under any Applicable Law on the Closing Date the Lessor would be (i) AEE 2 is able to obtain upon all materials, supplies and services, including, but not limited to, all natural gas, electrical, telephone, water, sanitary waste disposal, ash disposal, rail, coal supply, septic or before water treatment system or services and all other utility services necessary for the expiration or earlier termination present use, operation and maintenance of the Lease Term, the rights and interests made available Additional Facilities (which to the Lessor pursuant to the Support Agreement, the Operating Agreement Actual Knowledge of AEE 2 and the other Operative DocumentsAEE 2 Entities, all such services are currently available and are connected under valid permits and in working order, an all material respects) so as to permit on a commercially practicable basis after the expiration or earlier termination of the Lease Term, (i1) the occupation, maintenance and repair of the Additional Facilities, (2) the use, operation, leasing and possession of the Additional Facilities, (3) the use, operation, leasing, possession, maintenance, replacement, renewal and repair by or on behalf of the Lessor of the Undivided Interest and the ability of the Lessor to make all reasonably contemplated necessary or desirable alterations, Modificationsmodifications, additions, accessions, improvements, appurtenances, replacements and substitutions thereof and thereto, subject to the provisions of the Operative Documents, (ii4) appropriate ingress to and egress by the Lessor from the Facility Site and the Undivided Interest Additional Facilities for any reasonable purpose in connection with the exercise of rights under AEE 2's interest in the Support AgreementAdditional Facilities, including, without limitation, access to dedicated public roads and to the Operating Agreement Actual Knowledge of AEE and the Site Lease AEE 2 Entities, all other material roads, easements, servitude, rights-of-way and with other rights of ingress and egress as are necessary for the Lessor’s Interestpresent operation, maintenance and use of the Additional Facilities, (iii5) the procurement of other rights, supplies rights and services necessary or appropriate to utilize the Undivided Interest Additional Facilities in a commercial manner manner, (including, without limitation, access to fuel transport, storage and handling facilities, adequate land-fill or other waste disposal facilities and water, sewage and all other required utilities, in each case necessary or advisable for the commercial utilization of the Facility) and (iv6) transmission services from the Undivided Interest Additional Facilities sufficient to enable the Lessor AEE 2 to sell the output of the Undivided InterestAdditional Facilities, and (7) the operation of the Additional Facilities as independent units.