Common use of Appointment of Successor Lessor Manager Clause in Contracts

Appointment of Successor Lessor Manager. Notwithstanding any other provision of this Agreement, a successor Lessor Manager shall not be appointed by the Owner Participant without the consent of the Facility Lessee and, so long as the Lien of the Collateral Trust Indenture has not been terminated or discharged and the Indenture Trustee unless such successor Lessor Manager (a) meets the requirements of the LLC Agreement, (b) has a combined capital and surplus of at least $150 million, and (c) the Facility Lessee and, so long as Lien of the Collateral Trust Indenture has not been terminated or discharged, the Indenture Trustee, shall have received at the expense of Facility Lessee on an After-Tax Basis: (i) an opinion or opinions of counsel, such counsel and such opinion to be reasonably acceptable to such parties, to the effect that no regulatory consents or approvals are required, or (ii) such other documentation reasonably satisfactory to the Facility Lessee or the Indenture Trustee as the case may be.