Information Concerning the Facility Sample Clauses
The "Information Concerning the Facility" clause requires one party, typically the facility owner or operator, to provide relevant and accurate information about the facility to the other party. This may include details such as the facility's location, operational status, technical specifications, or any known issues that could affect the agreement. By ensuring that all necessary information is disclosed, this clause helps prevent misunderstandings and enables informed decision-making, thereby reducing the risk of disputes related to the facility's condition or suitability.
Information Concerning the Facility. Concurrently with the delivery of the financial statements referred to in Section 5.2(b) of this Agreement, Midwest shall furnish the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee and their respective authorized representatives either: (i) the annual report provided to senior management and shareholders of Midwest or its Affiliates, or (ii) a report for the preceding calendar year with respect to the Facility, in each case, covering the following matters: (A) production, including availability, output, planned outages and unplanned outages (and the reason for such unplanned outages); (B) environmental matters; (C) health and safety matters, to the extent the same shall have given rise to material claims against Midwest or the Guarantor or any of its Subsidiaries; (D) significant plant activities, such as major plant overhauls, alterations, modifications and other capital expenditures, significant changes in plant operations and major operating incidents; and (E) markets activities, including quantities and average price of energy and capacity delivered; provided that such information shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances.
Information Concerning the Facility. (i) PPL Montana shall furnish, or shall cause to be furnished to, the Lessor Manager, the Owner Lessor, the Owner Participant and, so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee, and their respective authorized representatives from time to time such information as such party shall reasonably request concerning the Facility and the Colstrip Site, including information concerning the condition, operation, maintenance and use of the Facility and the Colstrip Site and such other financial or operating information as it shall reasonably request and which is routinely made available to creditors of PPL Montana, to the extent it possesses such information or can reasonably obtain such information; provided that, except as provided in Section 5.3, PPL Montana reserves the right not to provide any information that is not otherwise publicly available to any transferee Owner Participant (or its Owner Lessor and Lessor Manager) if it reasonably believes in its good faith judgment that such transferee Owner Participant is a competitor or is an Affiliate of a competitor of PPL Montana or its Affiliates in the competitive power market, unless, before receiving any such information, such transferee Owner Participant shall have put in place (to the reasonable satisfaction of PPL Montana) appropriate confidentiality arrangements. To the extent such information consists of information contained in records kept by PPL Montana or any Affiliate, such information shall be furnished without cost to the recipient.
(ii) Within 30 days of receiving written notification thereof by any Governmental Entity, PPL Montana shall furnish, or shall cause to be furnished to, the Lessor Manager, the Owner Lessor, the Owner Participant and, so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee, and their respective authorized representatives from time to time, written notice of, and copies of all written communications relating to any fact, circumstance, condition, occurrence, release, discharge or emission at, on, under, from or otherwise relating to the Facility or the Colstrip Site that has resulted or is reasonably likely to result in material noncompliance with any applicable Environmental Law, which noncompliance could reasonably be expected to cause a Material Adverse Effect.
Information Concerning the Facility. The Facility Lessee shall, to the extent reasonably requested, deliver to the Owner Lessor, the Owner Participant and their respective authorized representatives, information from time to time with respect to the condition, use, operation and maintenance of the Facility, and such other financial or operating information which is routinely made available to creditors of the Facility Lessee, and other matters with regard to the Facility or the Retained Assets or the generation, transmission or sale of power therefrom, including any information to support the calculations set forth in the certificate delivered pursuant to Section ------- 6.8(D), as may be reasonably requested by such Person; provided, that, except ------ for delivery of quarterly and annual financial statements required pursuant to Section 5.1(i) and (ii) above and the related certificate with respect to ----------------------- defaults described in Section 5.1(iii), the Facility Lessee reserves the right ---------------- not to provide to any transferee Owner Participant which is not an Affiliate of the Owner Participant any information that is not otherwise publicly available, if the Facility Lessee reasonably believes in its good faith judgment that such transferee Owner Participant is a Competitor or is an Affiliate of a Competitor; provided, further, that the Facility Lessee shall have no obligation under this Section 5.3 to the Owner Lessor, the Owner Participant or any of their ----------- representatives unless and until such Person has executed a confidentiality agreement in form and substance satisfactory to the Facility Lessee.
Information Concerning the Facility. The Company shall furnish, or shall cause to be furnished to, the Lessor Manager, the Owner Lessor, the Owner Participant and, so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustees, and their respective authorized representatives an annual report containing summary historical information with respect to (A) the operation, use or maintenance of the Facility and the Facility Site and/or the Retained Assets, or the generation or sale of power therefrom (other than any marketing, trading, hedging or related information and information regarding the price of fuel or the revenues from any power or energy sales); provided that, except as provided in Sections 5.3 and 5.4, the Company reserves the right not to provide any information that is not otherwise publicly available to any OP Transferee (or its Owner Lessor and Lessor Manager) if the Company reasonably believes in its good faith judgment that such OP Transferee is a Competitor or is an Affiliate of a Competitor of the Company or its Affiliates; unless, prior to receipt of such information, such OP Transferee puts in place appropriate "Chinese Wall" and confidentiality arrangements to insure such information will not be accessible to or used by any such Competitor whether the OP Transferee or an Affiliate thereof. Any information provided pursuant to the immediately preceding sentence may, at the Company's option, be in summary form and, to the extent it includes any operational, generation, sales or similar data, such as MW hours produced, availability, MWs sold, fuel used and all other statistical information, may, at the Company's option, be limited to aggregate numbers for each of the applicable quarterly periods. In addition, the Company shall, upon the reasonable request of an Owner Participant, deliver to such Owner Participant financial and operating information regarding the Company or the Lessee Guarantor which is made available to the public security holders of the Company or the Lessee Guarantor.