Common use of Fuel Management; Quiet Enjoyment Clause in Contracts

Fuel Management; Quiet Enjoyment. The occurrence of a Credit Agreement Default, a Credit Agreement Event of Default, Lease Event of Default, Lessee Default, Lessee Event of Default or an event or condition which would, with the lapse of time or the giving of notice or both, become a Lease Event of Default, shall not affect the Lessee's sole obligation to engage in Fuel Management; provided that, upon the occurrence of a Credit Agreement Event of Default, Lessee Event of Default or Lease Event of Default, the Majority Secured Parties may, at their option, by written notice to the Lessee, elect to revoke such power and authority, in which case the Person from time to time designated by the Majority Secured Parties may (but shall not be obligated to), to the extent that the Majority Secured Parties desire and to the extent permitted by law, engage in Fuel Management and/or remove all or any part of the responsibility for Fuel Management from the Lessee; provided, however, that, subject to the right of the Secured Parties to exercise any or all rights granted to the Secured Parties under the Security Agreement, the rights granted to the Secured Parties under this Section 6 shall not be construed to include the right to direct, whether directly or indirectly, the operation of the Generating Facility. In the event the Majority Secured Parties, in accordance with the preceding sentence, shall revoke the Lessee's power and authority to engage in Fuel Management, all rights conferred by the Company to the Lessee pursuant to Section 3 of the Fuel Lease shall be deemed to be automatically reassigned to the Company and the Lessee shall execute such documents and instruments as the Secured Parties shall request to further confirm such assignment.

Fuel Management; Quiet Enjoyment. The occurrence of a Credit Agreement Default, a Credit Agreement Event of Default, Lease Event of Default, Lessee Default, Lessee Event of Default or an event or condition which would, with the lapse of time or the giving of notice or both, become a Lease Event of Default, shall not affect the Lessee's sole obligation to engage in Fuel Management; provided that, upon the occurrence of a Credit Agreement Event of Default, Lessee Event of Default or Lease Event of Default, the Collateral Agent may, if so directed by the Majority Secured Parties may, at their optionParties, by written notice to the Lessee, elect to revoke such power and authority, in which case the Person from time to time designated by the Majority Secured Parties may (but shall not be obligated to), to the extent that the Majority Secured Parties desire and to the extent permitted by law, engage in Fuel Management and/or remove all or any part of the responsibility for Fuel Management from the Lessee; provided, however, that, subject to the right of the Collateral Agent and the Majority Secured Parties to exercise any or all rights granted to the Secured Parties under the Security Agreement, the rights granted to the Collateral Agent and the Majority Secured Parties under this Section 6 shall not be construed to include the right to direct, whether directly or indirectly, the operation of the Generating Facility. In the event the Majority Secured Parties, in accordance with the preceding sentence, shall revoke the Lessee's power and authority to engage in Fuel Management, all rights conferred by the Company to the Lessee pursuant to Section 3 of the Fuel Lease shall be deemed to be automatically reassigned to the Company and the Lessee shall execute such documents and instruments as the Secured Parties Collateral Agent shall request to further confirm such assignment.

Fuel Management; Quiet Enjoyment. The occurrence of a Credit Agreement Default, a Credit Agreement Event of Default, Lease Event of Default, Lessee Default, Lessee Event of Default or an event or condition which would, with the lapse of time or the giving of notice or both, become a Lease Event of Default, shall not affect the Lessee's sole obligation to engage in Fuel Management; provided that, upon the occurrence of a Credit Agreement Event of Default, Lessee Event of Default or Lease Event of Default, the Majority Secured Parties may, at their option, by written notice to the Lessee, elect to revoke such power and authority, in which case the Person from time to time designated by the Majority Secured Parties may (but shall not be obligated to), to the extent that the Majority Secured Parties desire and to the extent permitted by law, engage in Fuel Management and/or remove all or any part of the responsibility for Fuel Management from the Lessee; provided, however, that, subject to the right of the Secured Parties to exercise any or all rights granted to the Secured Parties under the Security Agreement, the rights granted to the Secured Parties under this Section 6 shall not be construed to include the right to direct, whether directly or indirectly, the operation of the Generating Facility. In the event the Majority Secured Parties, in accordance with the preceding sentence, shall revoke the Lessee's power and authority to engage in Fuel Management, all rights conferred by the Company to the Lessee pursuant to Section 3 of the Fuel Lease shall be deemed to be automatically reassigned to the Company and the Lessee shall execute such documents and instruments as the Secured Parties shall request to further confirm such assignment.

Fuel Management; Quiet Enjoyment. The occurrence of a Credit Agreement Default, a Credit Agreement Event of Default, Lease Event of Default, Lessee Default, Lessee Event of Default or an event or condition which would, with the lapse of time or the giving of notice or both, become a Lease Event of Default, shall not affect the Lessee's sole obligation to engage in Fuel Management; provided that, upon the occurrence of a Credit Agreement Event of Default, Lessee Event of Default or Lease Lessee Event of Default, the Majority Secured Parties may, at their option, by written notice to the Lessee, elect to revoke such power and authority, in which case the Person from time to time designated by the Majority Secured Parties may (but shall not be obligated to), to the extent that the Majority Secured Parties desire and to the extent permitted by law, engage in Fuel Management and/or remove all or any part of the responsibility for Fuel Management from the Lessee; provided, however, that, subject to the right of the Secured Parties to exercise any or all rights granted to the Secured Parties under the Security Agreement, the rights granted to the Secured Parties under this Section 6 shall not be construed to include the right to direct, whether directly or indirectly, the operation of the Generating Facility. In the event the Majority Secured Parties, in accordance with the preceding sentence, shall revoke the Lessee's power and authority to engage in Fuel Management, all rights conferred by the Company to the Lessee pursuant to Section 3 of the Fuel Lease shall be deemed to be automatically reassigned to the Company and the Lessee shall execute such documents and instruments as the Secured Parties shall request to further confirm such assignment.

Fuel Management; Quiet Enjoyment. The occurrence of a Credit Agreement Default, a Credit Agreement Event of Default, Lease Event of Default, Lessee Default, Lessee Event of Default or an event or condition which would, with the lapse of time or the giving of notice or both, become a Lease Event of Default, shall not affect the Lessee's sole obligation to engage in Fuel Management; provided that, upon the occurrence of a Credit Agreement Event of Default, Lessee Event of Default or Lease Event of Default, the Collateral Agent may, if so directed by the Majority Secured Parties may, at their optionParties, by written notice to the Lessee, elect to revoke such power and authority, in which case the Person from time to time designated by the Majority Secured Parties may (but shall not be obligated to), to the extent that the Majority Secured Parties desire and to the extent permitted by law, engage in Fuel Management and/or remove all or any part of the responsibility for Fuel Management from the Lessee; provided, however, that, subject to the right of the Collateral Agent and the Majority Secured Parties to exercise any or all rights granted to the Secured Parties under the Security Agreement, the rights granted to the Collateral Agent and the Majority Secured Parties under this Section 6 shall not be construed to include the right to direct, whether directly or indirectly, the operation of the Generating Facility. In the event the Majority Secured Parties, in accordance with the preceding sentence, shall revoke the Lessee's power and authority to engage in Fuel Management, all rights conferred by the Company to the Lessee pursuant to Section 3 of the Fuel Lease shall be deemed to be automatically reassigned to the Company and the Lessee shall execute such documents and instruments as the Secured Parties Collateral Agent shall request to further confirm such assignment.