Representation Regarding Ownership of Capacity Rights Sample Clauses

Representation Regarding Ownership of Capacity Rights. Seller represents that it has not sold, and covenants that during the Term it will not sell or attempt to sell to any other person or entity the Capacity Rights, if any. During the Term, Seller shall not report to any person or entity that the Capacity Rights, if any, belong to anyone other than PacifiCorp. PacifiCorp may at its own risk and expense report to any person or entity that Capacity Rights exclusively belong to it.
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Representation Regarding Ownership of Capacity Rights. Seller represents and covenants that it has not assigned, transferred, conveyed, encumbered, sold or otherwise disposed of and will not in the future assign, transfer, convey, encumber, sell or otherwise dispose of any of the Capacity Rights to any Person other than Buyer or attempt to do any of the foregoing with respect to any of the Capacity Rights. Seller shall not report to any Person that any of the Capacity Rights belong to any Person other than Buyer. Buyer may, at its own risk and expense, report to any Person that the Capacity Rights belong to it.
Representation Regarding Ownership of Capacity Rights. Subject to Section 6.4, Seller shall not assign, transfer, convey, encumber, sell or otherwise dispose of any of the Capacity Rights to any Person other than the Project Participants or attempt to do any of the foregoing with respect to any of the Capacity Rights. Seller shall not report to any Person that any of the Capacity Rights belong to any Person other than Buyer (or at Buyer’s designation, the Project Participants).
Representation Regarding Ownership of Capacity Rights. Seller shall not assign, transfer, convey, encumber, sell or otherwise dispose of any of the Capacity Rights to any Person other than Buyers or attempt to do any of the foregoing with respect to any of the Capacity Rights. During the Agreement Term, Seller shall not report to any Person that any of the Capacity Rights belong to any Person other than Buyers. Each Buyer may, at each Buyer’s own risk and expense, report to any Person that such Buyer’s proportionate share of the Capacity Rights belongs to it. Seller makes no representations, warranties or covenants to Buyers, either expressed or implied, regarding the current or future characterization or treatment of the Capacity Rights under any Requirement of Law.
Representation Regarding Ownership of Capacity Rights. Seller shall not assign, transfer, convey, encumber, sell or otherwise dispose of any of the Capacity Rights to any Person other than Buyer or attempt to do any of the foregoing with respect to any of the Capacity Rights. Seller shall not report to any Person that any of the Capacity Rights belong to any Person other than Buyer. Buyer may, at its own risk and expense, report to any Person that the Capacity Rights belong to it.
Representation Regarding Ownership of Capacity Rights. Seller shall not assign, transfer, convey, encumber, sell or otherwise dispose of any of the Capacity Rights to any Person other than Buyer or attempt to do any of the foregoing with respect to any of the Capacity Rights. During the Agreement Term, Seller shall not report to any Person that any of the Capacity Rights belong to any Person other than Buyer. Buyer may, at Buyer’s own risk and expense, report to any Person that Buyer’s proportionate share of the Capacity Rights belongs to it. Seller makes no representations, warranties or covenants to Buyer, either expressed or implied, regarding the current or future characterization or treatment of the Capacity Rights under any Requirement of Law. Seller, as Scheduling Coordinator, shall submit to CAISO a Supply Plan (as defined in the CAISO Tariff) in accordance with applicable CAISO requirements noting Buyer as the entity to which such Capacity Rights belong.
Representation Regarding Ownership of Capacity Rights. Seller represents that it has not sold and will not in the future sell or attempt to sell to any other person or entity the Capacity Rights, if any, associated with Purchaser’s right to purchase energy and Environmental Attributes under this Agreement. During the Term of this Agreement, Seller shall not report to any person or entity that the Capacity Rights, if any, associated with Purchaser’s right to purchase energy and Environmental Attributes under this Agreement belong to anyone other than Purchaser. Purchaser may at its own risk and expense report to any person or entity that Capacity Rights, if any, associated with Purchaser’s right to purchase energy and Environmental Attributes under this Agreement belong to it. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, SELLER MAKES NO WRITTEN OR ORAL REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING THE CURRENT OR FUTURE EXISTENCE OF ANY CAPACITY RIGHTS WITH RESPECT TO PURCHASER’S RIGHT TO PURCHASE ENERGY AND ENVIRONMENTAL ATTRIBUTES UNDER THIS AGREEMENT OR OTHERWISE OR THE CHARACTERIZATION OR TREATMENT OF CAPACITY RIGHTS UNDER APPLICABLE LAW. IN ADDITION, SELLER MAKES NO WRITTEN OR ORAL REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, REGARDING ITS RIGHT OR ABILITY TO PURCHASE SUCH CAPACITY RIGHTS UNDER THE PROJECT PPA. SELLER SHALL HAVE NO LIABILITY TO PURCHASER IF IT IS AT ANY TIME DETERMINED THAT SUCH CAPACITY RIGHTS DO NOT EXIST OR IF IT IS DETERMINED THAT PURCHASER HAS NO RIGHT TO PURCHASE SUCH CAPACITY RIGHTS UNDER THE PROJECT PPA.
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Representation Regarding Ownership of Capacity Rights. Seller represents that it has not sold and will not in the future sell or attempt to sell to any Person other than Buyer the Capacity Rights, if any, associated with the Facility. During the Agreement Term of this Agreement, Seller shall not report to any Person that the Capacity Rights, if any, associated with the Facility belong to any Person other than Buyer. Buyer may, at its own risk and expense, report to any Person that the Capacity Rights, if any, associated with the Facility belong to Buyer. Seller makes no written or oral representation or warranty, either express or implied, regarding the production or existence of Capacity Rights.

Related to Representation Regarding Ownership of Capacity Rights

  • Representations and Warranties of Participant The Participant represents and warrants to the Company that:

  • Representations and Warranties of the Owner The Owner, as a condition to the consummation of the transactions contemplated hereby, makes the following representations and warranties to the Servicer as of each Closing Date:

  • Representations and Warranties of Party A Party A hereby represents and warrants to Party B as follows:

  • Representations and Warranties of the Administrator The Administrator represents and warrants to the Issuer and the Indenture Trustee as follows:

  • Representations and Warranties of the Adviser The Adviser represents and warrants to the Sub-Adviser and the Trust as follows:

  • Representations and Warranties of Party B 5.1 Party B is the legal owner of the Equity Interest.

  • Representations and Warranties of Assignee Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control).

  • Representations and Warranties of Members By execution and delivery of this Agreement or a Joinder Agreement, as applicable, each of the Members, whether admitted as of the date hereof or pursuant to Section 4.01, represents and warrants to the Company and acknowledges that:

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