Control of Seller. So long as the Notes remain outstanding, the Originator will not (i) sell, pledge or otherwise transfer any membership interest in the Seller held by the Originator or any capital stock of IKON Receivables Funding Inc. (the manager of the Seller and the Issuer) held by the Originator or (ii) vote such membership interests in the Seller in favor of any amendment to or alteration of the certificate of formation or limited liability company agreement of the Seller or any such capital stock of IKON Receivables Funding Inc. in favor of any amendment to or alteration of the certificate of incorporation or by-laws of the Manager.
Control of Seller. Following the Plaintiff’s acquisition of the Purchased Management Stock, the Plaintiffs will own and control a majority of the Seller’s stock and in accordance with the Seller’s Articles and Bylaws, the Plaintiff will have voting control and the right to control the operations and actions of the Seller.
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Control of Seller. Without limiting the conditions set forth in Sections 10, 11 and 12 (except to the extent failure of any such condition has occurred by reason of Buyer's actions under this Section 9.6) or the parties rights' under Sections 13 and 14 or any other provision of this Agreement, from and after the close of business on the Effective Date, to and including the close of business on the Closing Date (the "Buyer's Business Period"), the business of Seller shall be operated subject to Buyer's direction and control, and for Buyer's benefit, and Buyer shall, provided the transaction which is the subject of this Agreement is consummated in accordance with its terms, be entitled to all profits and shall bear all losses arising from the operations of Seller's business during such period. Notwithstanding any provision herein to the contrary, the provisions of Section 7.2 shall apply during the Buyer's Business Period as if references to Buyer and Seller contained therein were reversed with respect to Buyer's actions hereunder. During the Buyer's Business Period:
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Control of Seller. At all times prior to and following Project COD, the Seller, and the managing member or manager of the Seller, as applicable, shall be a Person that is qualified, financially sound and (i) has at least two (2) years’ experience and capability involving the ownership and/or operation of comparable energy storage facilities of a size equal to or greater than the Project; or (ii) has engaged an operator to operate the Project with at least two (2) years’ experience and capability involving the operation of comparable energy storage facilities of a size equal to or greater than the Project; provided, however, that the Parties may agree to a different standard in a Consent Agreement with any Lender.