PPA Termination and Re-Purchase of Bloom Systems. Subject to Section 12.7, in the event that (i) a PPA Customer terminates a PPA with respect to a Bloom System prior to its expiration, (ii) the applicable PPA Customer pays Buyer the termination value due under the applicable PPA, and (iii) Buyer has paid all amounts owed by it to Buyer’s Lender under the Loan Agreement in respect of the applicable PPA termination and Buyer’s Lender has released the applicable collateral then Seller shall be obligated to purchase from Buyer, and Buyer shall be obligated to sell to Seller, the Bloom System for which the PPA is being terminated for a purchase price of $[***] in consideration of Seller hereby agreeing to take all responsibilities to the applicable PPA Customer under the relevant PPA and otherwise for relocating, redeploying and paying the PPA Customer any moneys in relation thereto if applicable. The Seller hereby indemnifies Buyer against all claims made by, and liabilities to, the PPA Customer in respect of such Bloom System after such PPA termination. Title to such Bloom System shall transfer to Seller upon the date that Seller pays the purchase price of $[***] to Buyer.
Appears in 1 contract
Samples: Master Energy Server Purchase and Services Agreement (Bloom Energy Corp)
PPA Termination and Re-Purchase of Bloom Systems. Subject to Section 12.79.7, in the event that (i) a PPA Customer terminates a PPA with respect to a Bloom System prior to its expiration, (ii) the applicable PPA Customer pays Buyer the termination value due under the applicable PPA, and (iii) Buyer has paid all amounts owed by it to Buyer’s Lender under the Loan Agreement in respect of the applicable PPA termination and Buyer’s Lender has released the applicable collateral termination, then Seller shall be obligated to purchase from Buyer, and Buyer shall be obligated to sell to Seller, the Bloom System for which the PPA is being terminated for a purchase price of $[***] in consideration of Seller hereby agreeing to take all responsibilities to the applicable PPA Customer under the relevant PPA and otherwise for relocating, redeploying and paying the PPA Customer any moneys in relation thereto if applicable. The Seller hereby indemnifies Buyer against all claims made by, and liabilities to, the PPA Customer in respect of such Bloom System after such PPA termination. Title to such Bloom System shall transfer to Seller upon the date that Seller pays the purchase price of $[***] to Buyer.
Appears in 1 contract
Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp)
PPA Termination and Re-Purchase of Bloom Systems. Subject to Section 12.79.7, in the event that (i) a PPA Customer terminates a PPA with respect to a Bloom System prior to its expiration, (ii) the applicable PPA Customer pays Buyer the termination value due under the applicable PPA, and (iii) Buyer has paid all amounts owed by it to Buyer’s Lender under the Loan Agreement in respect of the applicable PPA termination and Buyer’s Lender has released the applicable collateral termination, then Seller shall be obligated to purchase from Buyer, and Buyer shall be obligated to sell to Seller, the Bloom System for which the PPA is being terminated for a purchase price of $[***] 1.00 in consideration of Seller hereby agreeing to take all responsibilities to the applicable PPA Customer under the relevant PPA and otherwise for relocating, redeploying and paying the PPA Customer any moneys in relation thereto if applicable. The Seller hereby indemnifies Buyer against all claims made by, and liabilities to, the PPA Customer in respect of such Bloom System after such PPA termination. Title to such Bloom System shall transfer to Seller upon the date that Seller pays the purchase price of $[***] 1.00 to Buyer.
Appears in 1 contract
Samples: Master Energy Server Purchase Agreement (Bloom Energy Corp)
PPA Termination and Re-Purchase of Bloom Systems. Subject to Section 12.7, in the event that (i) a PPA Customer terminates a PPA with respect to a Bloom System prior to its expiration, (ii) the applicable PPA Customer pays Buyer the termination value due under the applicable PPA, and (iii) Buyer has paid all amounts owed by it to Buyer’s Lender under the Loan Agreement in respect of the applicable PPA termination and Buyer’s Lender has released the applicable collateral then Seller shall be obligated to purchase from Buyer, and Buyer shall be obligated to sell to Seller, the Bloom System for which the PPA is being terminated for a purchase price of $[***] 1.00 in consideration of Seller hereby agreeing to take all responsibilities to the applicable PPA Customer under the relevant PPA and otherwise for relocating, redeploying and paying the PPA Customer any moneys in relation thereto if applicable. The Seller hereby indemnifies Buyer against all claims made by, and liabilities to, the PPA Customer in respect of such Bloom System after such PPA termination. Title to such Bloom System shall transfer to Seller upon the date that Seller pays the purchase price of $[***] 1.00 to Buyer.
Appears in 1 contract
Samples: Master Energy Server Purchase and Services Agreement (Bloom Energy Corp)