Common use of Amendments to Operative Documents Clause in Contracts

Amendments to Operative Documents. The Lessor Manager, the Trust Company and the Owner Lessor each covenants severally and as to itself only that it will not unless such action is expressly permitted by the Operative Documents (a) through its own action terminate any Operative Document to which it is a party, (b) amend, supplement, waive or modify (or consent to any such amendment, supplement, waiver or modification) such Operative Documents in any manner or (c) except as provided in Section 11 hereof or Section 2.10 or Section 5.6 of the Collateral Trust Indenture, take any action to prepay or refund the Lessor Notes or amend any of the payment terms of the Lessor Notes without, in each case, the prior written consent of the Facility Lessee so long as no Significant Lease Default or Lease Event of Default shall have occurred and be continuing and, in the case of clause (a) or (b), the Indenture Trustee so long as the Lien of the Collateral Trust Indenture has not been terminated or discharged. Transfer of the Owner Lessor's Interest. Other than as permitted by the Operative Documents, each of the Lessor Manager and the Owner Lessor covenants that it will not assign, pledge, sell, lease, convey or otherwise transfer any of its then existing right, title or interest in and to the Owner Lessor's Interest, the Lessor Estate or the other Operative Documents.

Appears in 4 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

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Amendments to Operative Documents. The Lessor Manager, the Trust Company and the Owner Lessor each covenants severally and as to itself only that it will not unless such action is expressly permitted by the Operative Documents (a) through its own action terminate any Operative Document to which it is a party, (b) amend, supplement, waive or modify (or consent to any such amendment, supplement, waiver or modification) such Operative Documents or the South Point Ground Lease in any manner or (c) except as provided in Section 11 hereof or Section 2.10 or Section 5.6 of the Collateral Trust Indenture, take any action to prepay or refund the Lessor Notes or amend any of the payment terms of the Lessor Notes without, in each case, the prior written consent of the Facility Lessee so long as no Significant Lease Default or Lease Event of Default shall have occurred and be continuing and, in the case of clause (a) or (b), the Indenture Trustee so long as the Lien of the Collateral Trust Indenture has not been terminated or discharged. Transfer of the Owner Lessor's Interest. Other than as permitted by the Operative Documents, each of the Lessor Manager and the Owner Lessor covenants that it will not assign, pledge, sell, lease, convey or otherwise transfer any of its then existing right, title or interest in and to the Owner Lessor's Interest, the Lessor Estate or the other Operative DocumentsDocuments or the South Point Ground Lease.

Appears in 4 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

Amendments to Operative Documents. The Lessor Manager, the Trust Company and the Owner Lessor each covenants severally and as to itself only that it will not unless such action is expressly permitted by the Operative Documents (a) through its own action terminate any Operative Document to which it is a party, (b) amend, supplement, waive or modify (or consent to any such amendment, supplement, waiver or modification) such Operative Documents or the FILOT Lease in any manner or (c) except as provided in Section 11 hereof or Section 2.10 or Section 5.6 of the Collateral Trust Indenture, take any action to prepay or refund the Lessor Notes or amend any of the payment terms of the Lessor Notes without, in each case, the prior written consent of the Facility Lessee so long as no Significant Lease Default or Lease Event of Default shall have occurred and be continuing and, in the case of clause (a) or (b), the Indenture Trustee so long as the Lien of the Collateral Trust Indenture has not been terminated or discharged. Transfer of the Owner Lessor's Interest. Other than as permitted by the Operative Documents, each of the Lessor Manager and the Owner Lessor covenants that it will not assign, pledge, sell, lease, convey or otherwise transfer any of its then existing right, title or interest in and to the Owner Lessor's Interest, the Lessor Estate or the other Operative Documents.

Appears in 4 contracts

Samples: Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp), Participation Agreement (Calpine Corp)

Amendments to Operative Documents. The Lessor Manager, Each of the Trust Company and the Owner Lessor each covenants hereby severally and as to itself only not jointly covenants that it will not unless such action is expressly permitted by the Operative Documents (a) through its own action action, terminate any Operative Document to which it is a party, (b) amend, supplement, waive or modify (or consent to any such amendment, supplement, waiver or modification) of such Operative Documents in any manner or (c) except as provided in Section 11 hereof or Section 2.10 or Section 5.6 of the Collateral Trust Indenture, take any action to prepay or refund the Lessor Notes or amend any of the payment terms of the Lessor Notes without, in each case, the prior written consent of the Facility Lessee (i) so long as the Project Lease has not terminated or expired and no Significant Lease Default or Lease Event of Default shall have occurred and be continuing andcontinuing, the Lessee, or, (ii) in the case of clause (a) or (b), the Indenture Trustee so long as the Lien of the Collateral Trust Indenture has not been terminated or and fully discharged, the Indenture Trustee (except with respect to Excepted Payments). Transfer Notwithstanding the foregoing, prior to any assumption of the Owner Lessor's Interest. Other than as permitted Notes by the Operative DocumentsEquity Investor pursuant to Section 11.4, each of the Lessor Manager and the Owner Lessor covenants that it will not assignnot, pledgeso long as no Lease Event of Default shall have occurred and be continuing and no dispossessory remedies are being exercised, sell, lease, convey or otherwise transfer any exercise its option to repay the Notes pursuant to Section 2.10 of its then existing right, title or interest in and the Indenture prior to maturity without the Owner Lessor's Interest, consent of the Lessor Estate or the other Operative DocumentsLessee.

Appears in 2 contracts

Samples: Participation Agreement (Ormat Technologies, Inc.), Participation Agreement (Ormat Technologies, Inc.)

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Amendments to Operative Documents. The Lessor Manager, the Trust Company and the Owner Lessor each covenants severally and as to itself only that it will not unless such action is expressly permitted contemplated by the Operative Documents (a) through its own action terminate any Operative Document to which it is a party, (b) amend, supplement, waive or modify (or consent to any such amendment, supplement, waiver or modification) such Operative Documents in any manner or (c) except as provided in Section 11 hereof or Section 2.10 or Section 5.6 of the Collateral Trust Lease Indenture, take any action to prepay or refund the Lessor Notes or amend any of the payment terms of the Lessor Notes without, in each case, the prior written consent of the Facility Lessee (i) so long as the Lease has not terminated or expired and no Significant Lease Default or Lease Event of Default shall have occurred and be continuing andcontinuing, the Company, or, (ii) in the case of clause (a) or (b), the Indenture Trustee so long as the Lien of the Collateral Trust Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee (except with respect to Excepted Payments). Transfer of Notwithstanding the Owner Lessor's Interest. Other than as permitted by the Operative Documentsforegoing, each prior to any assumption of the Lessor Manager and Notes by the Owner Participant pursuant to Section 11.4, the Owner Lessor covenants that it will not assign, pledge, sell, lease, convey or otherwise transfer any of exercise its then existing right, title or interest in and option to the Owner Lessor's Interest, repay the Lessor Estate or Notes pursuant to Section 2.10(d)(ii) of the other Operative DocumentsLease Indenture prior to maturity without the consent of the Company.

Appears in 1 contract

Samples: Participation Agreement (Dynegy Danskammer LLC)

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