Change in Lenders. 17.10.1 The Parties hereto acknowledge that during the subsistence of the PPA, it is possible that any Lender may cease to remain as a Lender by reason of repayment of the debt or otherwise. Further it may possible that any Lender may be substituted or a new Lender may be added. In the event of any Lender ceasing to be a party to the PPA or Financing agreement respectively, the term and conditions as prescribed in this Articleshall cease to automatically apply to such Lender as the case may be. Further, upon any entity being added as a Lender and in the event such entity is given the right to substitute the Power Producer under the Financing agreement and then the contents of this Article shall be applicable to the exercise of such right by the said new entity.
Change in Lenders. The Parties hereto acknowledge that during the subsistence of the PPA, it is possible that any Lender may cease to remain as a Lender by reason of repayment of the debt or otherwise. Further it may possible that any Lender may be substituted or a new Lender may be added. In the event of any Lender ceasing to be a party to the PPA or Financing agreement respectively, the term and conditions as prescribed in this Article shall cease to automatically apply to such Lender as the case may be. Further, upon any entity being added as a Lender and in the event such entity is given the right to substitute the Power Producer under the Financing agreement and then the contents of this Article shall be applicable to the exercise of such right by the said new entity. REPRESENTATIONS & WARRANTIES Representations and Warranties of Procurer Procurer hereby represents and warrants to and agrees with the Power Producer as follows and acknowledges and confirms that the Power Producer is relying on such representations and warranties in connection with the transactions described in this PPA: Procurer has all requisite powers authorising and has been duly authorised to execute and consummate this PPA; This PPA is enforceable against Procurer in accordance with its terms; The consummation of the transactions contemplated by this PPA on the part of Procurer will not violate any provision of nor constitute a default under, nor give rise to a power to cancel any charter, mortgage, deed of trust or lien, lease, PPA, license, permit, evidence of indebtedness, restriction, or other contract to which Procurer is a party or to which Procurer is bound, which violation, default or power has not been waived; Procurer is not insolvent and no insolvency proceedings have been instituted, nor threatened or pending by or against Procurer; There are no actions, suits, claims, proceedings or investigations pending or, to the best of Procurer’s knowledge, threatened in writing against Procurer at law, in equity, or otherwise, and whether civil or criminal in nature, before or by, any court, commission, arbitrator or governmental agency or authority, and there are no outstanding judgements, decrees or orders of any such courts, commission, arbitrator or governmental agencies or authorities, which materially adversely affect its ability to comply with its obligations under this PPA. Procurer makes all the representations and warranties above to be valid as on the date of this PPA.
Change in Lenders. The Parties hereto acknowledge that during the subsistence of the PPA, it is possible that any Lender may cease to remain as a Lender by reason of repayment of the debt or otherwise. Further it may possible that any Lender may be substituted or a new Lender may be added. In the event of Lender ceasing to be a party to the PPA or Financing Agreement respectively, the term and conditions as prescribed in this Schedule shall cease to automatically apply to such Lender as the case may be. Further, upon any entity being added as a Lender and in the event such entity is given the right to substitute the SPD under the Financing Agreement and then the contents of this Schedule shall be applicable to the exercise of such right by the said new entity.
Change in Lenders. 1.85.1 The Parties hereto acknowledge that during the subsistence of the PPA, it is possible that any Lender may cease to remain as a Lender by reason of repayment of the debt or otherwise. Further it may possible that any Lender may be substituted, or a new Lender may be added. In the event of any Lender ceasing to be a party to the PPA or Financing agreement respectively, the term and conditions as prescribed in this Articles hall cease to automatically apply to such Lender as the case may be. Further, upon any entity being added as a Lender and in the event such entity is given the right to substitute the SPD under the Financing agreement and then the contents of this Article shall be applicable to the exercise of such right by the said new entity. REPRESENTATIONS & WARRANTIES
