Common use of Overrun Equity Contributions to Borrower Clause in Contracts

Overrun Equity Contributions to Borrower. (a) Without limiting the Sponsor’s obligations under Section 2.2.1 or Article VII, and notwithstanding the release of Funded Overrun Equity Commitment Balance Security pursuant to Section 2.2.4, not later than the applicable Overrun Equity Contribution Date, each Equity Contributor shall cause its share of each Overrun Equity Contribution, in an amount equal to the product of (x) the Funded Overrun Equity Percentage for such Equity Contributor, and (y) the aggregate Overrun Equity Contributions required on the applicable Overrun Equity Contribution Date, to be made to the Borrower, provided that no Equity Contributor shall be obligated to make Overrun Equity Contributions in excess of its Individual Funded Overrun Equity Commitment Balance. To the extent an Equity Contributor is excused from making an Overrun Equity Contribution because it has reduced its Individual Funded Overrun Equity Commitment Balance to zero, the Sponsor shall make the Overrun Equity Contribution that the applicable Equity Contributor would have made but for the cap in Section 2.2.2. (b) Prior to the Equity Commitment Security Release Date, Overrun Equity Contributions may be made by: (i) instructing the Collateral Agent in the applicable Master Advance Notice to draw on a Reserve Letter of Credit provided by such Equity Contributor in accordance with Section 2.6 in a specified amount for deposit by the Collateral Agent into the Disbursement Account; or (ii) instructing the Collateral Agent to draw funding from Cash Collateral provided by such Equity Contributor in accordance with Section 2.6 in the applicable Master Advance Notice in a specified amount for deposit by the Collateral Agent into the Disbursement Account; or (iii) depositing cash into the Disbursement Account in accordance with the Common Agreement. (c) From and after the Equity Commitment Security Release Date, Overrun Equity Contributions may be made by depositing cash into the Disbursement Account in accordance with the Common Agreement. (d) To the extent an Equity Contributor makes an Overrun Equity Contribution, such Equity Contributor’s Individual Funded Overrun Equity Commitment Balance shall be reduced accordingly. (e) Each Equity Contributor’s obligations under this Section 2.3.2 shall expire, and no Equity Investor will have any further obligation to make any Overrun Equity Contributions, from and after the PPA Required Performance Date. (f) For the avoidance of doubt, the proceeds of the Funded Overrun Equity Commitment may not be used to pay amounts outstanding under the FFB Credit Facility. Following the occurrence of an Event of Default, Funded Overrun Equity may only be drawn down (i) from time to time as required, to pay costs the Loan Servicer determines to be necessary to continue the development, design and construction of the Project, and (ii) to the extent of the Funded Overrun Equity Commitment Balance Security that is in place as of the date of the Event of Default.