Common use of Emission Allowances Clause in Contracts

Emission Allowances. Notwithstanding anything to the contrary herein, Purchaser and Sellers shall use commercially reasonable efforts, including executing any required forms and providing appropriate notices to Governmental Authorities, in a timely fashion, to ensure that Purchaser will obtain any legally available rights to those Emission Allowances described in Schedule 2.1.1 attached hereto that are to be transferred to it pursuant to Section 2.1.1; provided, however, in no event shall Sellers have any obligation to expend any funds to assure the transfer of such Emission Allowances. Furthermore, Purchaser covenants that Purchaser shall not sell or transfer any Emission Allowances transferred to Purchaser pursuant to this Agreement until such time as Purchaser has satisfied applicable Governmental Authorities that sufficient Emissions Allowances exist in the Facility account to satisfy all Emissions Allowance obligations of the Facility for the year in which the Closing occurs at the time when due.