Common use of Compliance with Government Rules, Etc Clause in Contracts

Compliance with Government Rules, Etc. (a) The Borrower shall comply in all material respects with all applicable Government Rules and shall from time to time obtain and renew, and shall comply in all material respects with, Government Approvals as is or in the future shall be necessary for the Project under applicable Government Rules (except any such Government Rules and Government Approvals the non-compliance with which could not reasonably be expected to result in a Material Adverse Effect, with respect to the Project); provided that with prior written notice to the Administrative Agent the Borrower shall be permitted to contest the applicability to it of any such Government Rule or the need for any such Government Approval. (b) Except as provided in paragraph (c) below, the Borrower shall not petition, request or take any legal or administrative action that seeks to amend, supplement or modify any Government Approval in any material respect unless (i) it has furnished to the Administrative Agent a copy (certified by an Authorized Officer of the Borrower) of the proposed amendment, supplement or modification and a description of the actions that it proposes to take and (ii) such amendment, supplement or modification could not reasonably be expected to result in a Material Adverse Effect with respect to the Project to which such Government Approval applies. The Borrower shall promptly upon receipt or publication furnish a copy (certified by its Authorized Officer) of each such amendment, supplement or modification to any such Government Approval to the Administrative Agent. (c) If any Impairment of any Government Approval of the Borrower or related to the Project which could reasonably be expected to have a Material Adverse Effect with respect to the Project shall occur, then the Borrower shall either (i) within sixty (60) days obtain a replacement Government Approval on terms and conditions that are in all material respects no less beneficial to it than those of such Impaired Government Approval or (ii) within sixty (60), take such lawful action as shall be necessary so that (A) such Impairment does not become final and non-appealable or otherwise irrevocable, (B) the effectiveness of such Impairment is postponed or (C) such Impairment is revoked, amended or modified so as to eliminate the reasonable possibility of such Material Adverse Effect with respect to the Project. (d) The Borrower shall issue such notices of transfer and shall take such other actions as the Administrative Agent, acting for the benefit of itself and the Lenders, reasonably requests, without undue expense or delay, to secure for the Administrative Agent and the Lenders the benefit of each Government Approval related to the Project set forth on Schedule 7.05(a) and, when obtained, Schedule 7.05(b) upon the exercise of remedies under the Security Documents.

Compliance with Government Rules, Etc. (a) The Borrower shall comply in all material respects with all applicable Government Rules and shall from time to time obtain and renew, and shall comply in all material respects with, Government Approvals as is are or in the future shall be necessary for the Project Development under applicable Government Rules (except any such Government Rules and Government Approvals the non-compliance with which could not reasonably be expected to result in a Material Adverse Effect, with respect to the Project); provided that with prior written notice to the Administrative Agent the Borrower shall be permitted to contest the applicability to it of any such Government Rule or the need for any such Government ApprovalRules. (b) Except as provided in paragraph (c) below, the Borrower shall not petition, request or take any legal or administrative action that seeks to amend, supplement or modify any Government Approval in any material respect unless (i) it has the Borrower shall have furnished to the Administrative Agent a copy (certified by an Authorized Officer of the Borrower) of the proposed amendment, supplement or modification and a description of the actions that it the Borrower proposes to take and (ii) such amendment, supplement or modification could not reasonably be expected to result in a Material Adverse Effect with respect to the Project to which such Government Approval appliesEffect. The Borrower shall promptly upon receipt or publication furnish a copy (certified by its an Authorized OfficerOfficer of the Borrower) of each such amendment, supplement or modification to any such Government Approval to the Administrative Agent. (c) If any Impairment of any Government Approval of the Borrower or related to the Project which could reasonably be expected to have a Material Adverse Effect with respect to the Project shall occur, then the Borrower shall either (i) within sixty (60) 60 days obtain a replacement Government Approval on terms and conditions that are in all material respects no less beneficial to it than the same as those of such Impaired Government Approval or (ii) within sixty (60)60 days, take such lawful action as shall be necessary so that (A) such Impairment does not become final and non-appealable or otherwise irrevocable, (B) the effectiveness of such Impairment is postponed or (C) such Impairment is revoked, amended or modified so as to eliminate the reasonable possibility of such Material Adverse Effect with respect to the ProjectEffect. (d) The Borrower shall issue such notices of transfer and shall take such other actions as the Administrative Agent, acting for the benefit of itself and the Lenders, reasonably requests, without undue expense or delay, to secure for the Administrative Agent and the Lenders the benefit of each Government Approval related to the Project set forth on Schedule 7.05(a) and, when obtained, Schedule 7.05(b) upon the exercise of remedies under the Security Documents. (e) The Borrower shall at all times obtain and maintain in full force and effect all permits, licenses, trademarks, patents, agreements or Government Approvals necessary for the construction, operation and maintenance of the Project, except where failure to maintain such permits, licenses, trademarks, patents, agreements or Government Approvals could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.