Common use of Operating Subsidiary Distributions Clause in Contracts

Operating Subsidiary Distributions. Subject to the limitations on the use of distribution of cash or other assets provided under the terms of joint ventures with non-Affiliates, tax equity documents, or other financing arrangements (including required reserve, holding or escrow accounts and amounts), until the earlier to occur of the Budget Termination Event or the Release Event, the Guarantor shall cause each of its operating subsidiaries that has a direct or indirect interest in any wind power generation facility to distribute to the Guarantor on the last Business Day of each month an amount equal to the Excess Cash (or the Guarantor’s proportional interest in such Excess Cash for any facility that is not, directly or indirectly, wholly owned by the Guarantor) for such wind power generation facility, which funds shall be used by the Guarantor, first, as required by the FW Credit Facilities, and second, in accordance with Section 3(d) of this Guaranty.