Financing Modifications. (a) Subject to the satisfaction of the provisions of Section 8 of the Project Lease, upon the written request of the Lessee delivered at least ninety (90) days prior to any proposed financing of the cost of any Modification, the Owner Lessor and the Indenture Trustee agree, subject to Section 11.1(b), to cooperate with the Lessee to issue Additional Senior Notes under the Indenture that will rank pari passu with the Senior Notes and/or any Additional Senior Notes then outstanding as to the Indenture Estate to finance such Modifications; provided, however, that the Equity Investor shall have been given the opportunity, but shall have no obligation, to provide all or part of the funds required to finance the cost of any such Modification by making an Additional Equity Investment in such amount, if any, as it may determine in its sole and absolute discretion, but the Lessee shall have no obligation to accept such Additional Equity Investment. In connection with any such financing, the Owner Lessor and the Indenture Trustee will execute and deliver one or more supplements to the Indenture for the purpose of subjecting any such Modifications to the Lien of the Indenture; and the Lessee and the Owner Lessor will execute and deliver an amendment to the Project Lease to reflect the adjustments required by clause (b)(iii) below.
(b) The obligations of the Owner Manager and the Indenture Trustee to cooperate in the issuance of Additional Senior Notes pursuant to Section 11.1(a) (any financing of Modifications through the issuance of such Additional Senior Notes under the Indenture being called a "Supplemental Financing") is subject to the conditions set forth in Section 2.12 of the Indenture and to the following additional conditions:
(i) except with respect to Required Modifications, there shall be no more than one such financing in any calendar year;
(ii) the Additional Senior Notes (A) shall have a final maturity no later than the then-existing Lease Debt, and (B) will be fully repaid out of Periodic Lease Rent, as adjusted in accordance with clause (iii) below, pursuant to the Project Lease;
(iii) appropriate increases to Periodic Lease Rent and Termination Value (for incremental debt service associated with any Additional Senior Notes) shall be made to provide for the payment of the Additional Senior Notes and to protect the Equity Investor's Net Economic Return;
(iv) no Lease Default or Lease Event of Default shall have occurred and be continuing unless the Mo...
Financing Modifications. If, in connection with obtaining, continuing or renewing financing for which the Building or Buildings, land or a leasehold or any interest therein represents collateral in whole or in part, a banking, insurance or other lender shall request modifications of this Lease Agreement as a condition of such financing, Tenant will not unreasonably withhold, delay or defer its consent thereto, provided that such modifications do not increase the obligations of Tenant hereunder or adversely affect Tenant's leasehold interest hereby created.
Financing Modifications. 49 Section 11.2. Optional Refinancing of Lease Debt......................................... 51 Section 11.3. Cooperation................................................................ 52 Section 11.4. Right of Owner Participant to Assume Notes................................. 52 SECTION 12
Financing Modifications. 74 Section 11.2. Well Improvements.................................... 76 Section 11.3. Optional Refinancing of Lease Debt................... 78 Section 11.4. Cooperation.......................................... 80 Section 11.5. Assumption of Senior Notes........................... 80
Financing Modifications. 73 Section 12.2 Optional Refinancing of Pass Through Certificates.............................. 75
Financing Modifications. 70 Conemaugh Participation Agreement ii 4
Financing Modifications. If, in connection with obtaining, continuing or renewing financing for which the Building, land or a leasehold thereon or any interest therein represents collateral in whole or in part, and a banking, insurance company or other lender (hereinafter “Lender”) shall request modifications of this Lease as a condition of such financing, Tenant will not withhold, delay or defer its consent thereto, provided that such modifications neither increase, nor have the potential to increase, the obligations of Tenant hereunder nor reduce, nor have the potential to reduce the rights of Tenant hereunder, nor adversely affect or have the potential to adversely affect the Tenant’s leasehold interest hereby created; provided, however, that at Tenant’s election, Tenant may consent to a modification that will, or may have the potential to, increase Tenant’s obligations under the Lease, or adversely affect Tenant’s leasehold interest hereby created upon the payment to Tenant of reasonable consideration therefor.
Financing Modifications. Should any financing require a modification or modifications to this Lease, which modification or modifications will not bring about any increased cost or expense to Tenant or in any other way substantially change the rights and obligations of Tenant hereunder, then, and in such event, Tenant agrees that this Lease may be so modified.
