EME SIDE LETTER. On or prior to the Closing Date, EME shall have entered into an agreement with the Owner Lessor pursuant to which EME (i) shall covenant that it will not voluntarily take any action to subject the Facility Lessee to the provisions of any applicable bankruptcy or insolvency law (as now or hereafter in effect), and (ii) shall provide certain tax related indemnities to the Owner Participant.
Appears in 3 contracts
Samples: Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp)
EME SIDE LETTER. On or prior to the Closing Date, EME shall have entered into an agreement with the Owner Lessor pursuant to which EME (i) shall covenant that it will not voluntarily take any action to subject the Facility Lessee to the provisions of any applicable bankruptcy or insolvency law (as now or hereafter in effect), and (ii) shall provide certain tax related indemnities to the Owner ParticipantLessor.
Appears in 1 contract
Samples: Participation Agreement (Eme Homer City Generation Lp)
EME SIDE LETTER. On or prior to the Closing Date, EME shall have entered into an agreement with the Owner Lessor pursuant to which EME (i) shall covenant that it will not voluntarily take any action to subject the Facility Lessee to the provisions of any applicable bankruptcy or insolvency law (as now or hereafter in effect), and (ii) shall provide certain tax related indemnities to the Owner Participant.. ARTICLE V AFFIRMATIVE
Appears in 1 contract
Samples: Participation Agreement (Eme Homer City Generation Lp)
