Common use of Title; Liens Clause in Contracts

Title; Liens. (i) To the Knowledge of Midwest, Midwest has good, clear, marketable record fee title in the Facility Site, free and clear of all Liens, encumbrances or title defects other than Permitted Encumbrances and Lease Permitted Liens except to the extent the existence of any such Liens, individually or in the aggregate, would not result in a Material Adverse Effect. (ii) To the Knowledge of Midwest, none of the Permitted Encumbrances and Lease Permitted Liens will, on and after the Plan Effective Date, materially interfere with the use, operation or possession of the Facility (as contemplated by the Operative Documents) or the use of or the exercise by the Owner Lessor of its rights under the Facility Site Lease with respect to the Facility.

Appears in 4 contracts

Samples: Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC), Participation Agreement (Midwest Generation LLC)

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