Common use of Optional Refinancing of Lessor Notes Clause in Contracts

Optional Refinancing of Lessor Notes. Midwest will have the right, exercisable on no more than three occasions, for as long as no Material Lease Default or Lease Event of Default shall have occurred and be continuing, to request the Owner Lessor, and the Owner Lessor shall reasonably consider and shall not unreasonably refuse, to refund or refinance the Lessor Notes, in the public or private market, in whole but not in part, through the issuance of new notes to the public (notes issued in such refinancing, the “New Lessor Notes”), to a pass through trust or to such other funding vehicles as may be used at that time or to any other party that is not the Facility Lessee or any Affiliate thereof; provided that any refinancing under this Section 14.2 shall also be subject to satisfaction of the following conditions:

Appears in 4 contracts

Samples: Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC)

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Optional Refinancing of Lessor Notes. Midwest will have the right, exercisable on no more than three occasions, for as long as no Material Lease Default or Lease Event of Default shall have occurred and be continuing, to request the Owner Lessor, and the Owner Lessor shall reasonably consider and shall not unreasonably refuse, to refund or refinance the Lessor Notes, in the public or private market, in whole but not in part, through the issuance of new notes to the public (notes issued in such refinancing, the “New Lessor Notes”"NEW LESSOR NOTES"), to a pass through trust or to such other funding vehicles as may be used at that time or to any other party that is not the Facility Lessee or any Affiliate thereof; provided PROVIDED that any refinancing under this Section SECTION 14.2 shall also be subject to satisfaction of the following conditions:

Appears in 2 contracts

Samples: Participation Agreement (Edison Mission Energy), Participation Agreement (Edison Mission Energy)

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