COVENANTS OF TRUSTOR. To protect the security of this Deed of Trust, Trustor covenants and agrees as follows:
COVENANTS OF TRUSTOR. A. Series A Wind Park Agreements -----------------------------
2.01 Trustor agrees that:
(a) It shall keep and perform each and every material obligation of Trustor in the Series A Wind Park Agreements, including without limitation the payment of all royalty payments owed by it under the Series A Wind Park Easement Agreement. If Trustor is in default under Section 8.1.1 or Section 8.1.2 of the Series A Wind Park Easement Agreement or is in breach of any material obligation of it in the Series A Access Easement Agreement, the Series A Grant of Interconnect Easement Agreement or the Series A PTF Agreement, and such default or breach is not otherwise cured by Trustor, Beneficiary may, at its option but without any obligation to do so, take any action necessary or desirable to cure any such default or breach, Beneficiary being authorized to utilize all right, title and interest of Trustor in and to the Series A Wind Park Agreements for such purposes, consistent with the conditions of Paragraph 5.02. Trustor, immediately on demand, shall pay to Beneficiary all costs of Beneficiary incurred in curing any such default or breach.
(b) It shall give immediate notice to the then holder of this Deed of Trust (other than Beneficiary) of any receipt by Trustor of any notice from Beneficiary of an event of default by Trustor pursuant to Section 8.1.1 or 8.1.2 of the Series A Wind Park Easement Agreement.
(c) It shall give immediate notice to the then holder of this Deed of Trust of any receipt by Trustor of any notice from Zond that Trustor is in breach of any material obligation of it in the Series A Access Easement Agreement, the Series A Grant of Interconnect Easement Agreement or the Series A PTF Agreement.
(d) The obligations of Trustor under this Deed of Trust shall be deemed to be in addition to Trustor's obligations with respect to similar obligations contained in the Series A Wind Park Agreements, and the inclusion in this Deed of Trust of any obligations relating to similar obligations contained in the Series A Wind Park Agreements shall not restrict or limit Trustor's duties to keep and perform promptly all of its obligations under the Series A Wind Park Agreements; provided, however, that nothing in this Deed of Trust shall be construed as requiring the taking of or the omitting to take any action by Trustor or Beneficiary which would cause Trustor to be in default under Section 8.1.1 or 8.1.2 of the Series A Wind Park Easement Agreement or to be in breach un...
COVENANTS OF TRUSTOR. The purchasers of the Notes have been induced to purchase the Notes on the basis of the following material covenants, all agreed to by Trustor:
COVENANTS OF TRUSTOR. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Substance Laws, as follows:
(a) not to cause or permit the property to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Substance;
(b) not to cause, contribute to, permit, or acquiesce in any Release or threatened Release;
(c) not to change or modify the use of the Property without the prior written consent of Beneficiary;
(d) to comply with and to cause the Property and every invitee or occupant of the Property to comply with all Hazardous Substance Laws;
(e) to immediately notify Beneficiary in writing of and to provide Beneficiary with a reasonably detailed description of:
(1) any noncompliance of the Property with any Hazardous Substance Laws;
(2) any Hazardous Substance Claim;
(3) any Release or Threatened Release;
(4) not engage in any of the activities enumerated in Cal. Health & Safety Code section 25227 on land that is subject to a recorded land use restriction pursuant to former Health & Safety Code Section 25229, 25230, or 25398.7, as those sections read on January 1, 2012, or pursuant to Sections 25202.5, 25221, or 25355.5 of the same, unless the person obtains a specific approval in writing as required pursuant to Section 25227;
(f) if Trustor discovers a Release or the presence of any Hazardous Substance on or about the Property in violation of any Hazardous Substance Law, to: detailed description;
(1) notify Beneficiary of that discovery together with a reasonably
(2) engage promptly after a request by Beneficiary, a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor, and
(3) take, at Trustor’s sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Substance, including, but not limited to, any remedial action required by any Hazardous Substance Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Substance Claims, these actions to be performed:
A. in accordance with Hazardous Substance Laws,
B. in a good and proper manner,
C. under the supervision of a qualified environmental engineer approved in writing by Beneficiary,
D. in accordan...
COVENANTS OF TRUSTOR. For the purpose of further securing the indebtedness secured hereby and for the protection of the security of this Instrument, for so long as the indebtedness secured hereby or any part thereof remains unpaid, Trustor covenants and agrees as follows:
COVENANTS OF TRUSTOR. Section 2.01. [RESERVED]
COVENANTS OF TRUSTOR. The Beneficiary and Lenders have been induced to enter into the Credit Agreement and the Disbursement Agreement and to make the Loans to Borrower on the basis of the following material covenants, all agreed to by Trustor:
COVENANTS OF TRUSTOR. A. Condition and Operation of Property.
COVENANTS OF TRUSTOR. Trustor agrees as follows:
COVENANTS OF TRUSTOR. Trustor hereby covenants and agrees with Beneficiary that:
(a) it shall not create, incur, assume or suffer to exist any Encumbrance on any Trust Property or any part thereof, except the following (collectively, "Permitted Encumbrances"):
(i) All Liens to title permitted by the terms of the Loan Agreement;
(ii) Encumbrances created by the Arizona Loan Documents; and
(iii) Other Encumbrances permitted by the Loan Agreement.
(b) it shall not sell, convey, transfer, assign or otherwise relinquish the Trust Property or any part thereof, or any interest therein (hereinafter, a "Sale") without the consent of the Beneficiary and as otherwise permitted by the Loan Agreement;
(c) it shall pay when due all of its monetary obligations under the Note, the Loan Agreement, this Deed of Trust and the other Arizona Loan Documents, including all charges, payments, fees, obligations and principal of, and interest on, any future advances secured by this Deed of Trust, and shall perform all of its non-monetary obligations under, and otherwise comply with all of the terms of the Note, this Deed of Trust, the Loan Agreement and all other Arizona Loan Documents; and
(d) no portion of the Trust Property shall be located in a Community Facilities District without the consent of the Beneficiary.
