Collateral Assignment by Seller. Without the consent of COMPANY, Seller may, in its discretion, make a collateral assignment of this Agreement to any and all financing parties or grant any or all financing parties a lien or security interest in any right, title or interest in part or all of the Facility or any or all of Seller's rights under this Agreement for the purpose of the financing or refinancing of the Facility; provided, however, that Seller shall provide notice of each such assignment (including the identity of the assignee) prior to assignment and such assignment shall recognize COMPANY's rights under this Agreement. In order to facilitate the obtaining of financing or refinancing of the Facility, COMPANY shall cooperate with Seller and execute consents, agreements or similar documents with respect to a collateral assignment hereof to any financing party as such financing party may reasonably request in connection with the financing or refinancing of the Facility, including an agreement to give notice to such financing parties of any default by Seller under this Agreement and to allow such financing parties to cure any such default during periods which are equal to and consistent with the cure periods Seller has under this Agreement, provided that COMPANY shall be reasonably satisfied that any such consents, agreements or similar documents do not in any manner adversely affect its rights under this Agreement or impose material obligations on COMPANY except with respect to providing any additional notice of default and opportunity to cure consistent with this Agreement. FORCE MAJEURE;
Appears in 2 contracts
Samples: Solar Alternative Energy Credits Sale and Purchase Agreement, Solar Alternative Energy Credits Sale and Purchase Agreement
Collateral Assignment by Seller. Without the consent of COMPANYPECO, Seller may, in its discretion, make a collateral assignment of this Agreement to any and all financing parties lenders or grant any or all financing parties lenders a lien or security interest in any right, title or interest in part or all of the Facility or any or all of Seller's rights under this Agreement for the purpose of the financing or refinancing of the Facility; provided, however, that Seller shall provide notice of each such assignment (including the identity of the assignee) prior to assignment and such assignment shall recognize COMPANYPECO's rights under this Agreement. In order to facilitate the obtaining of financing or refinancing of the Facility, COMPANY PECO shall cooperate with Seller and execute consents, agreements or similar documents with respect to a collateral assignment hereof to any financing party lender as such financing party lender may reasonably request in connection with the financing or refinancing of the Facility, including an agreement to give notice to such financing parties lenders of any default by Seller under this Agreement and to allow such financing parties lenders to cure any such default during periods which are equal to and consistent with the cure periods Seller has under this Agreement, provided that COMPANY PECO shall be reasonably satisfied that any such consents, agreements or similar documents do not in any manner adversely affect its rights under this Agreement or impose material obligations on COMPANY PECO except with respect to providing any additional notice of default and opportunity to cure consistent with this Agreement. FORCE MAJEURE;.
Appears in 1 contract
Samples: Solar Alternative Energy Credits Purchase and Sale Agreement
Collateral Assignment by Seller. Without the consent of COMPANY, the Purchaser Seller may, in its discretion, make a collateral assignment of this Agreement to any and all financing parties or grant any or all financing parties a lien or security interest in any right, title or interest in part or all of the Facility System or any or all of Seller's rights under this Agreement for the purpose of the financing or refinancing of the FacilitySystem; provided, however, that Seller shall provide notice of each such assignment (including the identity of the assignee) no less than thirty (30) days prior to assignment and such assignment shall recognize COMPANYthe Purchaser's rights under this Agreement. In order to facilitate the obtaining of financing or refinancing of the FacilitySystem, COMPANY the Purchaser shall cooperate with Seller and execute consents, agreements or similar documents with respect withrespect to a collateral assignment hereof (“Lender Required Consents”) to any financing party as such financing party may reasonably request in connection with the financing or refinancing of the FacilitySystem, including an agreement to give notice to such financing parties of any default by Seller under this Agreement and to allow such financing parties to cure any such default during periods which are equal to and consistent with the cure periods Seller has under this Agreement, provided that COMPANY the Purchaser shall be reasonably satisfied that any such consents, agreements or similar documents do not in any manner adversely affect its rights under this Agreement or impose material obligations on COMPANY the Purchaser except with respect to providing any additional notice of default and opportunity to cure consistent with this Agreement. FORCE MAJEURE;Seller shall reimburse the Purchaser for the expenses (including, without limitation, the reasonable fees and expenses of counsel) incurred by the Purchaser in the preparation, negotiation, execution and/or delivery of any documents requested by Seller, and provided by the Purchaser, pursuant to this Section 15.1(c).
Appears in 1 contract
Samples: Solar Power Purchase Agreement