Financier’s Right to Possession, Right to Acquire and Right to Assign. Pursuant to the provisions of this Section, a Financier shall have the right: (i) to assign its security interest; (ii) to enforce its lien and acquire title to the Solar Energy Facility by any lawful means; and (iii) to take possession of and operate the Solar Energy Facility or any portion thereof and to perform all obligations to be performed by Seller hereunder, or to cause a receiver to be appointed to do so, subject to the terms and conditions of this Agreement. Buyer’s consent shall not be required for a Financier’s acquisition of the encumbered interest created by this Agreement, whether by foreclosure or assignment in lieu of foreclosure.
Financier’s Right to Possession, Right to Acquire and Right to Assign. Pursuant to the provisions of this Section 13.4, a Financier shall have the right: (i) to assign its security interest; (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 CVEC 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 renewable energy certificates from the PV System to a third party. Host’s consent shall not be required for the Financier’s acquisition of the PV System pursuant to this Agreement, except as provided in section (b), below.
Financier’s Right to Possession, Right to Acquire and Right to Assign. Pursuant to the provisions of this Section 11.4 and subject to Section 8.6, a Financier shall have the right: (i) to assign its security interest; (ii) to enforce its lien and acquire title to the leasehold estate 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 Cooperative hereunder, or to cause a receiver to be appointed to do so, subject to the terms and conditions of this Agreement; (iv) to acquire the leasehold estate by foreclosure or by an assignment in lieu of foreclosure; and (v) to sell the PV System and rights under the Cooperative Power Sales Agreement and any other contracts dealing with the sale of Net Energy or renewable energy certificates from the PV System to a third party. Host Town’s consent shall not be required for the Financier’s acquisition of the encumbered leasehold estate created by this Agreement, whether by foreclosure or assignment in lieu of foreclosure.
