Financier Provisions. Any person or entity that holds or is the beneficiary of a first position mortgage, deed of trust or other security interest in this Agreement or the Solar Energy Facility shall, for so long as its security is in existence and until the lien thereof has been extinguished, be entitled to the protections set forth in this Article X. No such security interest shall encumber the interests or rights of Buyer under this Agreement.
Financier Provisions. Any Person or entity that holds or is the beneficiary of a first position mortgage, deed of trust or other security interest in this Agreement or in any PV System located on the Premises (any such first position mortgage, deed of trust or other security interest is referred to herein as a “Leasehold Mortgage”) shall, for so long as its Leasehold Mortgage is in existence and until the lien thereof has been extinguished, be entitled to the protections set forth herein. No Leasehold Mortgage shall encumber or affect in any way the interest of Host or Host’s fee interest in and to the Premises, or Host’s rights under this Agreement. Host shall act expeditiously, cooperatively and in good faith in facilitating any amendments to this Agreement requested by Financier in connection with the financing of the PV System.
Financier Provisions. Any Person or entity that holds or is the beneficiary of a first position mortgage, deed of trust or other security interest in this Agreement or in any PV System located on the Premises (any such first position mortgage, deed of trust or other security interest is referred to herein as a “Leasehold Mortgage”) shall, for so long as its Leasehold Mortgage is in existence and until the lien thereof has been extinguished, be entitled to the protections set forth herein. No Leasehold Mortgage shall encumber or affect in any way the interest of Host Town or Host Town’s fee interest in and to the Premises, or Host Town’s rights under this Agreement. Host Town shall act expeditiously, cooperatively and in good faith in facilitating any amendments to this Agreement requested by Financier in connection with the financing of the PV System.
Financier Provisions. (a) Any Person or entity that has entered into a loan agreement, credit agreement, reimbursement agreement, note purchase agreement or other document (and any documents relating to or ancillary to the foregoing documents) identified from time to time in writing by Contractor to User as a “Financing Agreement” under which Contractor obtains financing that is secured by all or substantially all of the assets comprising the PV System shall, for so long as the Financing Agreement is in existence and until the lien thereof has been extinguished, be entitled to the protections set forth herein. No Financing Agreement shall encumber or affect in any way the interest of User or Host Town in and to the Premises, or User’s or Host Town’s rights under this Agreement. User shall act expeditiously, cooperatively and in good faith in facilitating any amendments to this Agreement requested by Financier in connection with the financing of the PV System.
Financier Provisions. (a) Any Person or entity that has entered into a loan agreement, credit agreement, reimbursement agreement, note purchase agreement or other document (and any documents relating to or ancillary to the foregoing documents) identified from time to time in writing by Contractor to User as a “Financing Agreement” under which Contractor obtains financing that is secured by all or substantially all of the assets comprising the PV System shall, for so long as the Financing Agreement is in existence and until the lien thereof has been extinguished, be entitled to the protections set forth herein. Except as otherwise provided herein or in the consent to assignment in the form attached hereto as Exhibit K, no Financing Agreement shall encumber or affect in any way the interest of User or Host Town in and to the Premises, or User’s or Host Town’s rights under this Agreement. User shall act expeditiously, cooperatively and in good faith in facilitating any amendments to this Agreement requested by Financier in connection with the financing of the PV System and shall, upon request, execute and deliver to Contractor and such Financiers a consent to assignment in the form attached hereto as Exhibit K and a legal opinion in substantially the form attached hereto as Exhibit L.
Financier Provisions. (a) Any Person or entity that has entered into a loan agreement, credit agreement, reimbursement agreement, note purchase agreement, or other document (and any documents relating to or ancillary to the foregoing documents) identified from time to time in writing by Developer to CVEC as a “Financing Agreement” under which Developer obtains financing whether or not secured by all or substantially all of the assets comprising the PV System shall, for so long as the Financing Agreement is in existence and until any lien thereof has been extinguished, be entitled to the protections set forth herein. No Financing Agreement shall encumber or affect in any way the interest of CVEC or Host in and to the Premises, or CVEC’s or Host’s rights under this Agreement. CVEC will consider in good faith any Financier request to amend this Agreement, provided that such amendment is Commercially Reasonable and in accordance with Applicable Legal Requirements.
