Common use of Emission Allowances Clause in Contracts

Emission Allowances. (i) Prior to the Closing Date, Seller shall transfer or cause to be transferred into the corresponding account of Buyer pursuant to that certain Emissions Agreement all Emission Allowances (A) allocated or issued to Seller in connection to the Facility as set forth in Section 7.2 of the Seller Disclosure Schedule or (B) otherwise needed to offset Seller’s share of emissions with respect to the Facility under the Emissions Agreement prior to the Closing Date. (ii) During the Interim Period, Seller shall (A) comply with its obligations under the Emissions Agreement and (B) not sell or dispose of Emission Allowances that are (1) allocated or issued to Seller in connection to the Facility prior to the Closing Date or (2) needed to offset Seller’s share of emissions with respect to the Facility under the Emissions Agreement prior to the Closing Date; provided, however, that Seller may use Emission Allowances solely for its allocated pre-Closing ownership share of the Facility in accordance with the Emissions Agreement.