Amendment of Contracts, Etc. The Facility Lessee shall not without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee and the Security Agent, cause, consent to or permit, any amendment, modification, extension, termination, variance or waiver of timely compliance with any terms or conditions of any Project Document if such amendment, modification, extension, termination, variance or waiver could be reasonably expected to result in a Material Adverse Effect.
Amendment of Contracts, Etc. 53 7.7 Investments.................................................. 53 7.8 Leases....................................................... 54 7.9
Amendment of Contracts, Etc. Without the prior written consent of the Required Lenders, agree to or permit (a) the amendment, supplement, modification, cancellation, suspension or termination of any Material Contract (except upon the expiration of the stated term thererof), or (b) the assignment of the rights or obligations of any party to any Material Contract, as the case may be, except (i) as contemplated by this Agreement or the Senior Security Documents or (ii) as permitted without the consent of the Borrower by the terms of such Material Contract.
Amendment of Contracts, Etc. (a) The Facility Lessee shall not without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee and the Security Agent, cause, consent to or permit, any amendment, modification, extension, termination, variance or waiver of timely compliance with any terms or conditions of any Project Document if such amendment, modification, extension, termination, variance or waiver could be reasonably expected to result in a Material Adverse Effect.
(b) The Facility Lessee shall not permit to be revoked, amended, supplemented or otherwise modified the Xxxxx City Partnership Agreement without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Security Agent; PROVIDED THAT, other than any such amendment, modification or supplement to Sections [__] thereof, consent of the Owner Participant and, if applicable, the Lease Indenture Trustee and the Security Agent, shall not be required for any such amendment, modification or supplement required to reflect any (i) transfer of ownership interest in the Facility Lessee or (ii) any merger, consolidation or similar transaction with respect to the Facility Lessee, in each such case, as expressly permitted pursuant to any Operative Document.
Amendment of Contracts, Etc. The Partnership will not, without the prior written consent of GE Capital (and, to the extent required by the Power Purchase Agreement, the Power Purchaser), agree to or permit (a) the cancellation, suspension or termination of any Project Document or Easement Agreement (except upon the expiration of the stated term thereof), (b) the assignment of the rights or obligations of any party to any Project Document or Easement Agreement except (i) as contemplated by this Agreement or the Collateral Security Documents or (ii) as permitted without the consent of the Partnership by the terms of such Project Document or Easement Agreement, or (c) any amendment, supplement or modification of, or waiver with respect to any of the provisions of, the CPCN or any Easement Agreement or Project Document to which the Partnership or the General Partner is a party or with respect to which the consent of the Partnership or the General Partner is required (other than any amendment or modification to a tariff on file with and approved by a Governmental Authority which sets forth rates, terms and conditions of utility service and which is incorporated by reference into a Project Document); provided, however, that the Partnership or the General Partner may, upon prior written notice to GE Capital (but without its consent), amend, supplement, waive or otherwise modify any agreement to which it is a party (other than the Construction Contract, any other EPC Contract, the Power Purchase Agreement, any Gas Contract or any other Assigned Contract) in any manner which does not alter in any material respect the rights or obligations of the respective parties thereto. The Partnership shall not, without the prior written approval of GE Capital (which approval or disapproval shall not be unreasonably delayed), exercise any election or option, or give any approval or material notice or demand with respect to any obligation of any Participant under any Project Document. The Partnership shall not, without the prior written consent of GE Capital, enter into any Change Order, change bulletin or other change to the Construction Contract except in accordance with subsection 6.7(a). The Partnership will notify GE Capital of all proposed change orders and promptly deliver copies thereof to GE Capital. GE Capital agrees to promptly respond to all such change order requests.
Amendment of Contracts, Etc. The Partnership will not, without the prior written consent of the Majority Banks, enter into any Additional Contract or agree to or permit (i) the cancellation or termination of any Project Document (except upon the expiration of the stated term thereof), (ii) the assignment of the rights or obligations of any party to any Project Document except as contemplated by this Agreement or the Security Documents, or (iii) any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Project Document to which the Partnership or any Partner is a party or with respect to which the consent of the Partnership or any Partner is required; provided, however, that the Partnership or any Partner may, upon prior written notice to
Amendment of Contracts, Etc. Neither Borrower nor the Separate Property Owner shall amend, modify or otherwise alter any of the Contracts which would require Lender’s consent to enter into under this Agreement or any Licenses, Permits and Approvals without the prior written consent of Lender. Neither Borrower nor the Separate Property Owner will terminate any of the Contracts or Licenses, Permits and Approvals or accept a surrender thereof, or waive, excuse, condone or in any manner release or discharge any party to any of the Contracts, Licenses, Permits and Approvals from the obligations and agreements of such party to be performed thereunder without the prior written consent of Lender.
Amendment of Contracts, Etc. It will not and will not permit any Affiliate within its control or Subsidiary to, without the prior approval of the Majority Lenders, which approval shall not be unreasonably withheld, (i) agree to or permit the cancellation or termination of any Assigned Contract or other Contractual Obligation on its part or for its benefit, except upon the expiration of the stated term thereof, (ii) agree to the assignment of the rights or obligations of any party to any such Assigned Contract or other Contractual Obligation, except as contemplated by this Agreement or the Collateral Security Documents, (iii) agree to any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Basic Document to which it is a party or with respect to which its consent is required, (iv) permit any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Basic Document to which it is a party or with respect to which its consent is required, (v) exercise any option under any Assigned Contract or other Contractual Obligation or (vi) petition, request or take any other legal or administrative action that seeks, or may reasonably be expected, to rescind, terminate or suspend any Contractual Obligation to which it is a party or amend or modify any portion thereof which in each case is either prohibited by the Collateral Security Documents or could reasonably be expected to have a Material Adverse Effect.
Amendment of Contracts, Etc. Without the prior written consent of the Required Lenders, agree to or permit (a) the cancellation, suspension or termination of any Basic Document (except upon the expiration of the stated term thereof) or (b) the assignment of the rights or obligations of any party to any Basic Document except (i) as contemplated by this Agreement or the Collateral Security Documents or (ii) as permitted without the consent of the Partnership or North Country by the terms of such Basic Document. Except as permitted pursuant to Section 8.18, without the prior written consent of the Required Lenders, agree to or permit any amendment, supplement, or modification of, or waiver with respect to any of the provisions of (i) any Basic Document, (ii) the Plans and Specifications, (iii) the Partnership Operating Budget (in the case of the Partnership) or (iv) the North Country Operating Budget (in the case of North Country). Except as otherwise permitted by the Performance and Payment Bond, amend, supplement, modify or waive any provision of the Construction Contract without the prior consent of the issuer of the Performance and Payment Bond.
Amendment of Contracts, Etc. The Borrower will not, without the prior written consent of the Lender, agree to or permit (a) the cancellation, suspension or termination of any Transaction Document (except upon the expiration of the stated term thereof), except as contemplated by this Agreement and the Collateral Security Documents, (b) the assignment of the rights or obligations of any party to any Transaction Document (except (x) as contemplated by this Agreement or the Collateral Security Documents or (y) as permitted without the consent of the Borrower by the terms of such Transaction Document, Affiliate Note or Affiliate Collateral Security Document or (c) any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Transaction Document or with respect to which the consent of the Borrower or the General Partner is required.
