Common use of Assignments by the Purchasers Clause in Contracts

Assignments by the Purchasers. If there is an Event of Default under the Note Purchase Agreement, the Purchasers may (i) exercise Sellers rights under the Power Purchase Agreement, or (ii) assign or sublease any or all of Seller’s rights, title and interest in, to and under the Power Purchase Agreement and the Facilities to any third party (or parties), as long as such third party: (a) assumes all of the obligations of Seller under the Power Purchase Agreement (including any accrued liability in respect of the Aggregate Differential); and (b) is at least as experienced and capable of owning and operating (or causing the operation of) the Facility as Seller.