Common use of Facilities; Governmental Approvals Clause in Contracts

Facilities; Governmental Approvals. As of the date this representation is made or confirmed, the Facility Company owns (or holds enforceable leasehold rights or easements to) all Assets (other than Governmental Approvals or intellectual property rights) necessary for the construction, installation, operation and maintenance of the Facilities and has obtained all Governmental Approvals, and owns, or holds a license with respect to, all intellectual property rights (without any known conflict with, or infringement of, the rights of others), in each case, required as of such date to construct such Facilities, own any installed Facilities and operate and sell electric power from any operating Facilities in compliance with Applicable Law, and to execute and deliver, and perform obligations as of such date under, the Investment Documents and all Financing Documents and Principal Facility Documents to which the Facility Company is a party. Each of the Governmental Approvals obtained as of such date is validly issued, final and in full force and effect and is not subject to any current legal proceeding or to any unsatisfied condition which is reasonably likely to have a Material Adverse Effect on the Facility Company. The Facility Company is in compliance in all material respects with all applicable Governmental Approvals and no Facility Entity has received written notice from a Governmental Authority of an actual or potential violation of any such Governmental Approval that could reasonably be expected to have a Material Adverse Effect on the Facility Company.