Ordinary Course of Conduct; No Other Business. The Borrower shall not: (a) engage in any business other than the acquisition, ownership, design, development, construction, financing, implementation, completion, operation and maintenance of the Project in accordance with and as contemplated by the Transaction Documents; (b) undertake any action that could reasonably be expected to lead to a material alteration of the nature of its business or the nature or scope of the Project; (c) change its name or take any other action that might adversely affect the Liens created by the Security Documents; or (d) fail to maintain its corporate existence and its right to carry on its business.
Ordinary Course of Conduct; No Other Business. (a) Engage in any business other than the acquisition, ownership, financing, implementation and maintenance of the Approved Financings that are Eligible Collateral in accordance with the related Loan Documents and other than the acquisition, ownership, financing, implementation and maintenance of the Approved Financings (as defined in the Other Loan Agreement) that are Eligible Collateral (as defined in the Other Loan Agreement) in accordance with the related Loan Documents (as defined in the Other Loan Agreement), or (b) undertake any action that could reasonably be expected to lead to a material alteration of the nature of its business or the nature or scope of such Approved Financings.
Ordinary Course of Conduct; No Other Business. (a) Engage in any business other than the acquisition, ownership, financing, implementation and maintenance of the Eligible Collateral and any other Approved Financings in accordance with the related Loan Documents or (b) undertake any action that could reasonably be expected to lead to a material alteration of the nature of its business or the nature or scope of such Approved Financings.
Ordinary Course of Conduct; No Other Business. Each Securitization Entity shall not: (i) engage in any business other than those necessary for, incidental to, connected with or arising out of the Project in accordance with and as contemplated by the Series Securitization Documents; (ii) create, incur or suffer, or permit to be created or incurred or to exist any Lien on any of the Collateral or permit the Lien created by the Loan Agreement not to constitute a valid first priority, perfected Lien on the Collateral, in each case subject to Permitted Liens; or (iii) fail to maintain its existence and its right to carry on its business.
Ordinary Course of Conduct; No Other Business. No Borrower Entity shall:
(i) engage in any business other than the acquisition, ownership, design, development, construction, financing, implementation, completion, operation and maintenance of the Project and activities directly related thereto in accordance with and as contemplated by the Transaction Documents and incidental thereto, together with pre-existing business of the Borrower Entities as of the date hereof;
(ii) undertake any action that could reasonably be expected to lead to a material alteration of the nature of its business or the nature or scope of the Project (including any expansion thereof);
(iii) change its name or take any other action that might adversely affect the Liens created by the Security Documents; or
(iv) fail to maintain its existence and its right to carry on its business.
Ordinary Course of Conduct; No Other Business. The Borrower Entities shall not:
(i) engage in any business other than (A) the acquisition, ownership, design, engineering, development, construction, financing, implementation, completion, operation, repair, restoration, marketing and maintenance of (x) in the case of HubCo, the Project, (y) in the case of SpokeCo, the Covered Spokes, (B) in the case of the Borrower, holding the Equity Interests in the Subsidiary Guarantors, (C) the sourcing of materials capable of being processed by the Facility and the Covered Spokes, (D) the sale and offtake of Products and, through the Subsidiary Guarantors, the activities contemplated in clauses (A), (C) and (D), and (E) other activities reasonably related or ancillary to the foregoing, in each case, in accordance with and as contemplated by the Transaction Documents;
(ii) undertake any action that could reasonably be expected to lead to a material alteration of the nature of its business or the nature or scope of the Project (including any expansion thereof); provided, that this restriction shall not be construed to prevent employees of the Borrower from cooperating with the Sponsor’s preliminary work in respect of new products and services or opportunities for the improvement or wider use of existing products and services, including providing access to the Project Site for feasibility studies and other similar activities solely to the extent that the foregoing does not interfere in any material respect with operation of the Project or impose cost to the Borrower Entities beyond that contemplated in the then-applicable Construction Budget or O&M Budget;
(iii) change its name or take any other action that might adversely affect the Liens created by the Security Documents; or
(iv) fail to maintain its existence and its right to carry on its business.
