Common use of Financier Provisions Clause in Contracts

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. (b) Pursuant to the provisions of this Section 14.5 and subject to Section xx (Financier Step-in), Financier shall have the right: (i) to assign the Financing Agreement; (ii) to enforce its lien by any lawful means; (iii) to take possession of and operate the PV System or any portion thereof and to perform all obligations to be performed by Developer hereunder, or to cause a receiver to be appointed to do so, subject to the terms and conditions of this Agreement; and (iv) to sell the PV System and rights under this Agreement and any other contracts dealing with the sale of Net Energy or Environmental Attributes from the PV System to a third party. CVEC’s consent shall not be required for the Financier’s acquisition of the PV System pursuant to this Agreement, except as provided in subsection (c) below. (c) Upon the Financier’s acquisition of the PV System, Financier shall have the right to sell or assign said acquired PV System, provided Financier and proposed assignee (as applicable) shall first satisfy each of the following conditions: (i) any such assignee shall be approved in advance by CVEC, such approval not to be unreasonably conditioned, withheld, or delayed provided that such assignee provides satisfactory evidence of its financial and technical capability to perform Developer’s obligations under this Agreement; (ii) any such assignee shall assume all of Developer’s obligations under this Agreement; (iii) Financier and/or any proposed assignee shall have satisfied every obligation of Developer existing under this Agreement but which remains unsatisfied at the time of the proposed assignment that is then reasonably capable of being satisfied; and (iv) Development Security or Decommissioning Assurance is maintained; and (v) Financier and any such assignee shall satisfy all Applicable Legal Requirements.

Financier Provisions. (a) Any Person or entity that has entered into a loan agreement, credit agreement, reimbursement agreement, note purchase agreement, agreement or other document (and any documents relating to or ancillary to the foregoing documents) identified from time to time in writing by Developer Contractor to CVEC User as a “Financing Agreement” under which Developer Contractor obtains financing whether or not 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 any 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 CVEC User or Host Town in and to the Premises, or CVECUser’s or HostHost Town’s rights under this Agreement. CVEC will consider User shall act expeditiously, cooperatively and in good faith in facilitating any amendments to this Agreement requested by Financier request to amend this Agreement, provided that such amendment is Commercially Reasonable and in accordance connection with Applicable Legal Requirementsthe financing of the PV System. (b) Pursuant to the provisions of this Section 14.5 16.2 and subject to Section xx 9.3(a) (Financier Step-in), Financier shall have the right: (i) to assign the Financing Agreement; (ii) to enforce its lien by any lawful means; (iii) to take possession of and operate the PV System or any portion thereof and to perform all obligations to be performed by Developer Contractor hereunder, or to cause a receiver to be appointed to do so, subject to the terms and conditions of this Agreement; and (iv) to sell the PV System and rights under this Agreement and any other contracts dealing with the sale of Net Energy or Environmental Attributes renewable energy certificates from the PV System to a third party. CVECUser’s consent shall not be required for the Financier’s acquisition of the PV System pursuant to this Agreement, except as provided in subsection (c) below. (c) Upon the Financier’s acquisition of the PV System, Financier shall have the right to sell or assign said acquired PV System, provided Financier and proposed assignee (as applicable) shall first satisfy each of the following conditions: (i) any such assignee shall be approved in advance by CVEC, such approval not to be unreasonably conditioned, withheld, or delayed provided that such assignee provides satisfactory evidence of its financial and technical capability to perform Developer’s obligations under this Agreement; (ii) any such assignee shall assume all of Developer’s obligations under this Agreement; (iii) Financier and/or any proposed assignee shall have satisfied every obligation of Developer existing under this Agreement but which remains unsatisfied at the time of the proposed assignment that is then reasonably capable of being satisfied; and (iv) Development Security or Decommissioning Assurance is maintained; and (v) Financier and any such assignee shall satisfy all Applicable Legal Requirements.be

Financier Provisions. (a) Any Person or entity that has entered into a loan agreement, credit agreement, reimbursement agreement, note purchase agreement, agreement or other document (and any documents relating to or ancillary to the foregoing documents) identified from time to time in writing by Developer Contractor to CVEC User as a “Financing Agreement” under which Developer Contractor obtains financing whether or not 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 any the lien thereof has been extinguished, be entitled to the protections set forth herein. No 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 CVEC User or Host Town in and to the Premises, or CVECUser’s or HostHost Town’s rights under this Agreement. CVEC will consider User shall act expeditiously, cooperatively and in good faith in facilitating any amendments to this Agreement requested by Financier request in connection with the financing of the PV System and shall, upon request, execute and deliver to amend this Agreement, provided that Contractor and such amendment is Commercially Reasonable Financiers a consent to assignment in the form attached hereto as Exhibit K and a legal opinion in accordance with Applicable Legal Requirements.substantially the form attached hereto as Exhibit L. (b) Pursuant to the provisions of this Section 14.5 16.2 and subject to Section xx 9.3(a) (Financier Step-in), Financier shall have the right: (i) to assign the Financing Agreement; (ii) to enforce its lien by any lawful means; (iii) to take possession of and operate the PV System or any portion thereof and to perform all obligations to be performed by Developer Contractor hereunder, or to cause a receiver to be appointed to do so, subject to the terms and conditions of this Agreement; and (iv) to sell the PV System and rights under this Agreement and any other contracts dealing with the sale of Net Energy or Environmental Attributes renewable energy certificates from the PV System to a third party. CVECUser’s consent shall not be required for the Financier’s acquisition of the PV System pursuant to this Agreement, except as provided in subsection (c) below. (c) Upon the Financier’s acquisition of the PV System, Financier shall have the right to sell or assign said acquired PV System, provided Financier and proposed assignee (as applicable) shall first satisfy each of the following conditions: (i) any such assignee shall be approved in advance by CVECUser, such approval not to be unreasonably conditioned, withheld, withheld or delayed provided that such assignee provides satisfactory evidence of its financial and technical capability to perform Developer’s obligations under this Agreementdelayed; (ii) any such assignee shall assume all of DeveloperContractor’s obligations under this Agreement; (iii) Financier and/or any proposed assignee shall have satisfied every obligation of Developer Contractor existing under this Agreement but which remains unsatisfied at the time of the proposed assignment that is then reasonably capable of being satisfiedassignment; and (iv) Development Security or Decommissioning Assurance is maintained; and (v) Financier and any such assignee shall satisfy all Applicable Legal Requirements.

Financier Provisions. (a) A. Any Person or entity that has entered into a loan agreement, credit agreement, reimbursement agreement, note purchase agreement, 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 Buyer 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 Buyer or Host in and to the Premises, or CVECBuyer’s or Host’s rights under this Agreement. CVEC will consider Buyer shall act expeditiously, cooperatively and in good faith in facilitating any amendments to this Agreement requested by Financier request to amend this Agreement, provided that such amendment is Commercially Reasonable and in accordance connection with Applicable Legal Requirementsthe financing of the PV System. (b) B. Pursuant to the provisions of this Section 14.5 16.2 and subject to Section xx 9.3(a) (Financier Step-in), Financier shall have the right: (i) to assign the Financing Agreement; (ii) to enforce its lien by any lawful means; (iii) to take possession of and operate the PV System or any portion thereof and to perform all obligations to be performed by Developer hereunder, or to cause a receiver to be appointed to do so, subject to the terms and conditions of this Agreement; and (iv) to sell the PV System and rights under this Agreement and any other contracts dealing with the sale of Net Energy or Environmental Attributes from the PV System to a third party. CVECBuyer’s consent shall not be required for the Financier’s acquisition of the PV System pursuant to this Agreement, except as provided in subsection sub-Section (c) below. (c) C. Upon the Financier’s acquisition of the PV System, Financier shall have the right to sell or assign said acquired PV System, provided Financier and proposed assignee (as applicable) shall first satisfy each of the following conditions: (i) any such assignee shall be approved in advance by CVECBuyer, such approval not to be unreasonably conditioned, withheld, withheld or delayed provided that such assignee provides satisfactory evidence of its financial and technical capability to perform the Developer’s obligations under this Agreement; (ii) any such assignee shall assume all of Developer’s obligations under this Agreement; (iii) Financier and/or any proposed assignee shall have satisfied every obligation of Developer existing under this Agreement but which remains unsatisfied at the time of the proposed assignment that is then reasonably capable of being satisfied; and (iv) Development Security or Decommissioning Assurance is maintained; and (v) Financier and any such assignee shall satisfy all Applicable Legal Requirements.

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. (b) . Pursuant to the provisions of this Section 14.5 and subject to Section xx (Financier Step-in), Financier shall have the right: (i) to assign the Financing Agreement; (ii) to enforce its lien by any lawful means; (iii) to take possession of and operate the PV System or any portion thereof and to perform all obligations to be performed by Developer hereunder, or to cause a receiver to be appointed to do so, subject to the terms and conditions of this Agreement; and (iv) to sell the PV System and rights under this Agreement and any other contracts dealing with the sale of Net Energy or Environmental Attributes from the PV System to a third party. CVEC’s consent shall not be required for the Financier’s acquisition of the PV System pursuant to this Agreement, except as provided in subsection (c) below. (c) . Upon the Financier’s acquisition of the PV System, Financier shall have the right to sell or assign said acquired PV System, provided Financier and proposed assignee (as applicable) shall first satisfy each of the following conditions: (i) any such assignee shall be approved in advance by CVEC, such approval not to be unreasonably conditioned, withheld, or delayed provided that such assignee provides satisfactory evidence of its financial and technical capability to perform Developer’s obligations under this Agreement; (ii) any such assignee shall assume all of Developer’s obligations under this Agreement; (iii) Financier and/or any proposed assignee shall have satisfied every obligation of Developer existing under this Agreement but which remains unsatisfied at the time of the proposed assignment that is then reasonably capable of being satisfied; and (iv) Development Security or Decommissioning Assurance is maintained; and (v) Financier and any such assignee shall satisfy all Applicable Legal Requirements.