FILOT Lease definition
Examples of FILOT Lease in a sentence
The Guarantor acknowledges that an executed (or conformed) copy of the Participation Agreement, the Facility Lease, the other Operative Documents and the FILOT Lease have been made available to its principal executive officers and such officers are familiar with the contents thereof.
The Guarantor and its Consolidated Subsidiaries do not have any material liabilities, direct or contingent, except (a) as are disclosed in such financial statements or (b) as arise under the Operative Documents or the FILOT Lease.
The parties hereto agree that the transfer or assignment pursuant to the terms of the LLC Agreement by the Owner Lessor to a successor Owner Lessor, will not violate the terms of any Operative Document, the performance of the FILOT Lease or the FILOT Lease (subject to any applicable consent required by the County).
The Facility Lessee shall not use, or permit to be used, the Facility Site for any purpose other than for the operation and maintenance of the Facility, except as otherwise required or permitted under the Operative Documents and/or the FILOT Lease.
The Facility Lessee shall not assign any of its rights or obligations except as permitted by the Operative Documents and the FILOT Lease.
The Facility Lessee and Calpine shall pay the fees, costs and expenses of the Lessor Manager (including the reasonable compensation and expenses of its counsel), as set forth in a letter agreement approved by the Facility Lessee arising out of the Owner Lessor's and the Owner Participant's discharge of their duties under or in connection with the Operative Documents and the FILOT Lease, as in effect on the Closing Date.
Such payment obligation shall be effective without reference to or requirement for valuation of the Owner Lessor's Interest or any other security held by any Person for performance of the Broad River Lessee's obligations under the Facility Lease or any other Operative Documents or the FILOT Lease.
Such arrangements will provide for fair market value compensation to Calpine (payable periodically on no more frequently than a monthly and no less frequently than on a quarterly basis) and will terminate upon the later of the expiration or termination of the FILOT Lease or the Springing Facility Site Lease, or earlier at the option of the Owner Lessor.
All conditions required to have been satisfied by on or before the Closing Date under the Operative Documents and the FILOT Lease shall have been satisfied or waived and the Owner Participant shall be satisfied that the Facility shall be in the condition described in the Closing Appraisal.
Anything herein to the contrary notwithstanding, any exercise of rights or remedies by any Beneficiary hereunder or under any other Operative Document or the FILOT Lease, or the failure of any Beneficiary to exercise any rights or remedies hereunder in accordance with the provisions hereof or under any other Operative Document or the FILOT Lease, shall not in any way adversely affect the ability of any other Beneficiary to exercise its rights or remedies hereunder.