Common use of Maintenance of Environmental Attributes and Environmental Incentives Clause in Contracts

Maintenance of Environmental Attributes and Environmental Incentives. Property Owner shall obtain and maintain in force any and all applicable account(s), registration(s), filing(s), certification(s) and any other documents which may be necessary to properly maintain (a) any and all environmental benefits, air quality credits, emissions reductions, offsets, and allowances, any renewable energy credits or similar credits, any other tradable energy or environmental related commodity produced by or associated with the Project, (collectively, the “Environmental Attributes”); (b) any and all financial incentives, from whatever source, related to the construction, ownership, or operation of the Project, including, but are not limited to, (i) federal, state, or local tax credits, (ii) any other financial incentives in the form of credits, reductions, or allowances that are applicable to a local, state, or federal income taxation obligation, and (iii) other grants, rebates, or subsidies, including utility incentive programs, (collectively, the “Environmental Incentives”); (c) any and all current or future Environmental Attributes and Environmental Incentives or contracts for the sale of such Environmental Attributes and Environmental Incentives, howsoever presently entitled or designated or created in the future, produced or associated with the Project (collectively, the “Collateral”). Upon request from Capital Provider, Property Owner shall promptly provide copies of such documents, or any other evidence which Capital Provider may reasonably request, to Capital Provider. Insolvency Event. No Insolvency Event shall have occurred or is continuing with respect to the Property Owner. The Property Owner is not aware of any circumstances or conditions with respect to the Property Owner, its properties, the Project, the Property, the C-PACE Financing and the Assessment Lien.

Appears in 4 contracts

Samples: Assessment and Financing Agreement, Assessment and Financing Agreement, Assessment and Financing Agreement

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Maintenance of Environmental Attributes and Environmental Incentives. Property Owner shall obtain and maintain in force any and all applicable account(s), registration(s), filing(s), certification(s) and any other documents which may be necessary to properly maintain (a) any and all environmental benefits, air quality credits, emissions reductions, offsets, and allowances, any renewable energy credits or similar credits, any other tradable energy or environmental related commodity produced by or associated with the Project, (collectively, the “Environmental Attributes”); (b) any and all financial incentives, from whatever source, related to the construction, ownership, or operation of the Project, including, but are not limited to, (i) federal, state, or local tax credits, (ii) any other financial incentives in the form of credits, reductions, or allowances that are applicable to a local, state, or federal income taxation obligation, and (iii) other grants, rebates, or subsidies, including utility incentive programs, (collectively, the “Environmental Incentives”); (c) any and all current or future Environmental Attributes and Environmental Incentives or contracts for the sale of such Environmental Attributes and Environmental Incentives, howsoever presently entitled or designated or created in the future, produced or associated with the Project (collectively, the “Collateral”). Upon request from Capital Provider, Property Owner shall promptly provide copies of such documents, or any other evidence which Capital Provider may reasonably request, to Capital Provider. Insolvency Event. No Insolvency Event shall have occurred or is continuing with respect to the Property Owner. The Property Owner is not aware of any circumstances or conditions with respect to the Property Owner, its properties, the Project, the Property, the C-PACE Financing and the Assessment Lien.

Appears in 1 contract

Samples: Assessment and Financing Agreement

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