Common use of Host Customer Solvency Clause in Contracts

Host Customer Solvency. Other than with respect to New Construction Solar Assets (Non-Identified Customer), (i) the Host Customer is not a debtor in a bankruptcy case as of the Original Closing Date (in the case of the Initial Solar Assets) or the related Transfer Date (in the case of Additional Solar Assets), and (ii) the Host Customer has not commenced any litigation or asserted any claim in writing challenging the validity or enforceability of the related Solar Service Agreement.

Host Customer Solvency. Other than with respect to New Construction Solar Assets (Non-Identified Customer), (i) the The Host Customer is not a debtor in a bankruptcy case as of the Original Closing Second Amendment Effective Date (in the case of the Initial Solar Assets) or the related Transfer Date (in the case of Additional Solar Assets), and (ii) the Host Customer has not commenced any litigation or asserted any claim in writing challenging the validity or enforceability of the related Solar Service Agreement.

Host Customer Solvency. Other than with respect to New Construction Solar Assets (Non-Identified Customer), (i) the The Host Customer is not a debtor in a bankruptcy case as of the Original Closing Second Amendment Effective Date (in the case of the Initial Solar Assets) or the related Transfer Date (in the case of Additional Solar Assets), and (ii) the Host Customer has not commenced any litigation or asserted any claim in writing challenging the validity or enforceability of the related Solar Service Agreement. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed.