Failure to Align. Without prejudice to any obligation of the Borrower under any provisions of this Agreement, any failure of the Borrower to align with the Core Components as demonstrated by breach of with the terms and provisions set forth in this Section 10.27 shall under no circumstances (i) constitute a Potential Default, an Event of Default, a Potential Amortization Event or an Amortization Event hereunder or under any other Transaction Document, (ii) operate in any matter to limit, restrict or otherwise affect the use of proceeds of the Advances or (iii) otherwise affect Borrower’s right or ability to take any actions otherwise permitted under this Agreement or any other Transaction Document. The only consequence of any such failure is cessation of the Green Loan designation of the Facility, and thereafter the Green Loan Structuring Agent, Administrative Agent, the Lenders, and Borrower shall cease representing in all internal and external communications, marketing or publications that the Facility is a Green Loan. Neither the Administration Agent, the Green Loan Structuring Agent nor any Lender is bound to monitor or verify the application of any amount borrowed pursuant to this Agreement, including, without limitation, the monitoring of and/or verifying compliance with the Green Loan Principles.
Failure to Align. Without prejudice to any obligation of the Borrower under any provisions of this Agreement, any failure of the Borrower to align with the Core Components as demonstrated by breach of with the terms and provisions set forth in this Section 10.31 shall under no circumstances (i) constitute a Potential Default, an Event of Default, a Potential Amortization Event or an Amortization Event hereunder or under any other Transaction Document, (ii) operate in any matter to limit, restrict or otherwise affect the use of proceeds of the Advances or (iii) otherwise affect Borrower’s right or ability to take any actions otherwise permitted under this Agreement or any other Transaction Document. The only consequence of any such failure is cessation of the Green Loan designation of the Facility, and thereafter the Green Loan Structuring Agent, Administrative Agent, the Lenders, and Borrower shall cease representing in all internal and external communications, marketing or publications that the Facility is a Green Loan. Neither the Administration Agent, the Green Loan Structuring Agent nor any Lender is bound to monitor or verify the application of any amount borrowed pursuant to this Agreement, including, without limitation, the monitoring of and/or verifying compliance with the Green Loan Principles. [Remainder of Page Intentionally Left Blank; Signature Pages Follow] 109090915.7 -108- In Witness Whereof, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized, as of the date first above written. Sunnova EZ-Own Portfolio, LLC By:_________________________________ Name: Title: Sunnova SLA Management, LLC, as Manager By: _________________________________ Name: Title: Sunnova Asset Portfolio 7 Holdings, LLC, as Seller By: _________________________________ Name: Title: Sunnova SLA Management, LLC, as Servicer By: _________________________________ Name: Title: Atlas Securitized Products Holdings, L.P., as Administrative Agent By: Atlas Securitized Products Advisors GP, LLC, its general partner By: _________________________________ Name: Title: Atlas Securitized Products Administration, L.P., as the Atlas Funding Agent By: Atlas Securitized Products Administration BKR GP, LLC, its general partner By: _________________________________ Name: Title: AGF WHCO 1-A1 LP, as a Committed Lender By: AASP Management, LP, its investment manager By: AASP Management GP, LLC, its general partner By: Apollo Capital Management, L.P., i...
