Common use of RESTRICTIONS ON CAPITAL EXPENDITURES Clause in Contracts

RESTRICTIONS ON CAPITAL EXPENDITURES. The Facility Lessee shall not, without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee and the Security Agent, enter into any binding future commitment to make Capital Expenditures other than any such commitment (a) which is a direct commitment of an Affiliate of Xxxxx City on behalf of the Facility Lessee, (b) which is supported by an irrevocable guarantee, endorsement or other contingent agreement to purchase or furnish funds on the Facility Lessee's behalf by an Affiliate of Xxxxx City rated at least Investment Grade, (c) for which the payment of which has been fully reserved by the Facility Lessee or (d) which is otherwise to be funded with a capital contribution to Xxxxx City. Notwithstanding the foregoing, if the Facility Lessee is permitted to finance such Capital Expenditures in accordance with SECTION 6.7 hereof, the restrictions of this SECTION 6.11 shall not apply.

RESTRICTIONS ON CAPITAL EXPENDITURES. The Facility Lessee shall not, without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee and the Security Agent, enter into any binding future commitment to make Capital Expenditures other than any such commitment (a) which is a direct commitment of an Affiliate of Xxxxx City on behalf of the Facility Lessee, (b) which is supported by an irrevocable guarantee, endorsement or other contingent agreement to purchase or furnish funds on the Facility Lessee's behalf by an Affiliate of Xxxxx City rated at least Investment Grade, (c) for which the payment of which has been fully reserved by the Facility Lessee or (d) which is otherwise to be funded with a capital contribution to Xxxxx City. Notwithstanding the foregoing, if the Facility Lessee is permitted to finance such Capital Expenditures in accordance with SECTION Section 6.7 hereof, the restrictions of this SECTION Section 6.11 shall not apply.

RESTRICTIONS ON CAPITAL EXPENDITURES. The Facility Lessee shall not, without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee and the Security Agent, enter into any binding future commitment to make Capital Expenditures other than any such commitment (a) which is a direct commitment of an Affiliate of Xxxxx City on behalf of the Facility Lessee, (b) which is supported by an irrevocable guarantee, endorsement or other contingent agreement to purchase or furnish funds on the Facility Lessee's behalf by an Affiliate of Xxxxx City rated at least Investment GradeCity, (c) for which the payment of which has been fully reserved by the Facility Lessee or (d) which is otherwise to be funded with a capital contribution to Xxxxx City. Notwithstanding the foregoing, if the Facility Lessee is permitted to finance such Capital Expenditures in accordance with SECTION 6.7 hereof, the restrictions of this SECTION 6.11 6.10 shall not apply.