Common use of Transmission Assets Clause in Contracts

Transmission Assets. 1. If and to the extent that on the Closing Date the FERC Order referred to in clause (v) of the definition thereof has not been obtained with respect to the jurisdictional facilities referred to therein (which facilities are identified in Exhibit A as Transmission Assets (the "Transmission Assets")), the Owner Participant shall, upon 5 days prior written notice to the Facility Lessee, and subject to the grant of the aforesaid order, cause the Owner Lessor to acquire an undivided interest equal to the Owner Lessor's Percentage in the Facility Lessee's right, title and interest in the Transmission Assets, for a price equal to $1.00. Upon payment by the Owner Lessor of such amount, the Facility Lessee shall execute and deliver such documentation as is reasonably requested by the Owner Lessor to transfer such undivided interest in the Facility Lessee's right, title and interest in the Transmission Assets to the Owner Lessor. Upon such transfer such Undivided Interest shall be and shall be deemed to be an integral part of the Undivided Interest (to the extent constituting a portion of the Facility) and the Ground Interest (to the extent constituting a portion of the leasehold interest in the Facility Site) for all purposes of the Operative Documents without the necessity of amending or supplementing any Operative Document, subject nevertheless to Section 14.15 hereof. 2. Without limiting Section 10 hereof or Section 4.2 of the Facility Lease, the Facility Lessee agrees that from and after the Closing Date and until the earlier to occur of (A) the transfer referred to in clause (a) above and (B) the termination of the Facility Lease, the Facility Lessee shall make available to the Owner Lessor, for no additional compensation, such rights in the Transmission Assets solely to the extent as shall be necessary so that the representation in Section 3.1(n) will be correct to the same extent as if such transfer had occurred on the Closing Date.

Transmission Assets. 1. If and to the extent that on the Closing Date the FERC Order referred to in clause (v) of the definition thereof has not been obtained with respect to the jurisdictional facilities referred to therein (which facilities are identified in Exhibit A as Transmission Assets (the "Transmission Assets")), the Owner Participant shall, upon 5 days days' prior written notice to the Facility Lessee, and subject to the grant of the aforesaid order, cause the Owner Lessor to acquire an undivided interest equal to the Owner Lessor's Percentage in the Facility Lessee's right, title and interest in the Transmission Assets, for a price equal to $1.00. Upon payment by the Owner Lessor of such amount, the Facility Lessee shall execute and deliver such documentation as is reasonably requested by the Owner Lessor to transfer such undivided interest in the Facility Lessee's right, title and interest in the Transmission Assets to the Owner Lessor. Upon such transfer such Undivided Interest shall be and shall be deemed to be an integral part of the Undivided Interest (to the extent constituting a portion of the Facility) and the Ground Interest (to the extent constituting a portion of the leasehold interest in the Facility Site) for all purposes of the Operative Documents without the necessity of amending or supplementing any Operative Document, subject nevertheless to Section 14.15 hereof. 2. Without limiting Section 10 hereof or Section 4.2 of the Facility Lease, the Facility Lessee agrees that from and after the Closing Date and until the earlier to occur of (A) the transfer referred to in clause (a) above and (B) the termination of the Facility Lease, the Facility Lessee shall make available to the Owner Lessor, for no additional compensation, such rights in the Transmission Assets solely to the extent as shall be necessary so that the representation in Section 3.1(n) will be correct to the same extent as if such transfer had occurred on the Closing Date. COVENANTS OF THE OWNER LESSOR, THE TRUST COMPANY AND THE LESSOR MANAGER Compliance with the LLC Agreement. Each of the Owner Lessor, the Trust Company and the Lessor Manager hereby severally covenants and agrees that during the Facility Lease Term it will: comply with all of the terms of the LLC Agreement applicable to it; and not amend, supplement, or otherwise modify Section 9.1, 9.3, 13.1 or clause (i) of Section 13.2 of the LLC Agreement without the prior written consent of the Facility Lessee so long as no Significant Lease Default or Lease Event of Default has occurred and is continuing and the Indenture Trustee so long as the Lien of the Collateral Trust Indenture has not been terminated or discharged.