Credit and Collateral Covenants. (a) Seller shall, from time to time as requested by SCE, execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all applicable laws the Security Documents and the rights, liens and priorities of SCE with respect to the Security Interest and the Secured Interests provided for herein and therein;
(b) Reserved;
(c) Reserved;
(d) Except for liens permitted under the Security Documents and liens for the benefit of Lender, Seller shall not create, incur, assume or suffer to be created by it or any subcontractor, employee, laborer, materialman, other supplier of goods or services or any other person, any lien on Seller’s interest (or any part thereof) in this Power Purchase Agreement, the Site or the Generating Facility. Seller promptly shall pay or discharge, or shall cause its contractors to promptly pay and discharge, and discharge of record, any such lien for labor, materials, supplies or other obligations upon Seller’s interest in the Site, the Generating Facility, or any part thereof or interest therein, unless Seller is disputing any such lien in good faith and only for so long as it does not create an imminent risk of a sale or transfer of the Generating Facility or a material part thereof. Seller shall promptly notify SCE of any attachment or imposition of any lien for which Seller has an obligation to defend under the Security Documents;
(e) Reserved;
(f) Seller shall not hold any material assets, become liable for any material obligations or engage in any material business activities other than the development, construction and operation of the Generating Facility and activities incidental thereto;
(g) Seller shall not own, form or acquire, or otherwise conduct any of its activities through, any direct or indirect subsidiary; and
(h) During any period during which a Seller is a Defaulting Party, Seller shall:
(i) Not declare or pay any dividend, or make any other distribution or payment, on account of any equity interest in Seller, except for distributions made directly or indirectly to Tax Equity Providers; or
(ii) Not make any distribution or payment to any Affiliate of Seller, except for commercially reasonable payments due under any Lease or and in connection with services rendered under any operation, maintenance, management, service, administration and similar agreements related to the Generating Facility in...
Credit and Collateral Covenants. (a) Owner shall, from time to time as requested by CECONY, execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all Applicable Laws the rights, liens and priorities of CECONY with respect to the Security Interest provided for herein and therein.
(b) Owner may not cause or permit the stock or other equity ownership interest in Owner or assets of Owner to be pledged or assigned, as collateral or otherwise, to any party other than Lender under a Collateral Assignment Agreement.
(c) Owner may not hold any material assets, become liable for any material obligations or engage in any material business activities other than the development, construction and operation of the Project.
(d) Owner may not own, form or acquire, or otherwise conduct any of its activities through, any direct or indirect subsidiary.
(e) During any period during which Owner is a Defaulting Party, Owner shall not:
(i) declare or pay any dividend, or make any other distribution or payment, on account of any equity interest in Owner; or
(ii) otherwise make any distribution or payment to any Affiliate of Owner.
Credit and Collateral Covenants. (a) Seller shall, from time to time as requested by SCE, take such actions and execute, acknowledge, record, register, deliver and file such notices, statements, instruments and other documents as may be necessary or advisable to perfect the Security Interest.
(b) During any period during which Seller is a Defaulting Party, Seller shall not:
(i) Declare or pay any dividend, or make any other distribution or payment, on account of any equity interest in Seller; or
(ii) Otherwise make any distribution or payment to any Affiliate of Seller.
(c) If Seller is a Special Purpose Entity, then:
(i) Seller shall not cause or permit the stock, equity ownership interest in Seller or assets of Seller to be pledged or assigned as collateral or otherwise to any party other than Lender under a Collateral Assignment Agreement.
(ii) Seller shall not hold any material assets, become liable for any material obligations or engage in any material business activities other than the development, construction and operation of the Project.
(iii) Seller shall not own, form or acquire, or otherwise conduct any of its activities through, any direct or indirect subsidiary.
Credit and Collateral Covenants. (a) Seller shall, from time to time as requested by SCE, execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all applicable laws the rights, liens and priorities of SCE with respect to the Security Interest provided for herein and therein.
(b) Seller may not cause or permit the stock, equity ownership interest in Seller or assets of Seller to be pledged or assigned as collateral or otherwise to any party other than Lender.
(c) Seller may not create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable for, contingently or otherwise, any Seller’s Debt, or issue any Disqualified Stock, in each case, other than Seller’s Debt incurred, issued, assumed or guaranteed, or Disqualified Stock issued, in connection with the funding of the development, construction or Operation of the Generating Facility.
Credit and Collateral Covenants. Owner shall, from time to time as requested by XXXX, execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all Applicable Laws the rights, liens and priorities of CHGE with respect to the Security Interest provided for herein and therein. Owner may not cause or permit the stock or other equity ownership interest in Owner or assets of Owner to be pledged or assigned, as collateral or otherwise, to any party other than Lender under a Collateral Assignment Agreement. Owner may not hold any material assets, become liable for any material obligations or engage in any material business activities other than the development, construction and operation of the Project. Owner may not own, form or acquire, or otherwise conduct any of its activities through, any direct or indirect subsidiary. During any period during which Owner is a Defaulting Party, Owner shall not: declare or pay any dividend, or make any other distribution or payment, on account of any equity interest in Owner; or otherwise make any distribution or payment to any Affiliate of Owner.
Credit and Collateral Covenants. (a) Seller shall, from time to time as requested by SCE, execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all applicable laws the rights, liens and priorities of SCE with respect to the Security Interest provided for herein and therein.
(b) Seller may not cause or permit the stock, equity ownership interest in Seller or assets of Seller to be pledged or assigned as collateral or otherwise to any party other than Lender.
Credit and Collateral Covenants.
(a) Owner shall, from time to time as requested by O&R, execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all Applicable Laws the rights, liens and priorities of O&R with respect to the Security Interest provided for herein and therein.
(b) Owner may not cause or permit the stock or other equity ownership interest in Owner or assets of Owner to be pledged or assigned, as collateral or otherwise, to any party other than Lender under a Collateral Assignment Agreement.
(c) Owner may not hold any material assets, become liable for any material obligations or engage in any material business activities other than the development, construction and operation of the Project.
(d) Owner may not own, form or acquire, or otherwise conduct any of its activities through, any direct or indirect subsidiary.
Credit and Collateral Covenants. Subject to Section 1.01(d):
(a) Seller shall not hold any material assets, become liable for any material obligations or engage in any material business activities other than the development, construction and Operation of the Generating Facility;
(b) Seller shall not own, form or acquire, or otherwise conduct any of its activities through, any direct or indirect subsidiary.
Credit and Collateral Covenants. (a) Seller shall, from time to time as reasonably requested by Anaheim execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all Applicable Laws the rights, liens and priorities of Anaheim with respect to the Security Interest provided for herein and therein.
(b) During any period during which Seller is a Defaulting Party, Seller may not:
(i) Declare or pay any dividend, or make any other distribution or payment, on account of any equity interest in Seller; or
(ii) Otherwise make any distribution or payment to any Affiliate of Seller, except for payments to an Affiliate under contract with Seller to operate and maintain the Generating Facility in the ordinary course of business.
Credit and Collateral Covenants. (a) Seller shall, from time to time as requested by SCE, execute, acknowledge, record, register, deliver and file all such notices, statements, instruments and other documents as may be necessary or advisable to render fully valid and enforceable under all applicable laws the Security Documents and the rights, liens and priorities of SCE with respect to the Security Interest and the Secured Interests provided for herein and therein;
(b) Seller shall not cause or permit the stock or equity ownership interest in Seller to be pledged or assigned as collateral or otherwise to any party other than Lender, without written consent by SCE;
(c) Seller shall not create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable for, contingently or otherwise, any Seller’s Debt, or issue any Disqualified Stock, in each case, other than Seller’s Debt incurred, issued, assumed or guaranteed, or Disqualified Stock issued, in connection with the funding of the development, construction or operation of the Project;
