Common use of Information Concerning the Facility Clause in Contracts

Information Concerning the Facility. Concurrently with the delivery of the financial statements referred to in Section 5.2(b) of this Agreement, Midwest shall furnish the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee and their respective authorized representatives either: (i) the annual report provided to senior management and shareholders of Midwest or its Affiliates, or (ii) a report for the preceding calendar year with respect to the Facility, in each case, covering the following matters: (A) production, including availability, output, planned outages and unplanned outages (and the reason for such unplanned outages); (B) environmental matters; (C) health and safety matters, to the extent the same shall have given rise to material claims against Midwest or the Guarantor or any of its Subsidiaries; (D) significant plant activities, such as major plant overhauls, alterations, modifications and other capital expenditures, significant changes in plant operations and major operating incidents; and (E) markets activities, including quantities and average price of energy and capacity delivered; provided that such information shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances.

Information Concerning the Facility. Concurrently with the delivery of the financial statements referred to in Section SECTION 5.2(b) of this Agreement), Midwest shall furnish the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee Trustees and their respective authorized representatives either: (i) the annual report provided to senior management and shareholders of Midwest or its Affiliates, or and (ii) a report for the preceding calendar year with respect to the Facility, in each case, covering the following matters: (A) production, including availability, output, planned outages and unplanned outages (and the reason for such unplanned outages); (B) environmental matters; (C) health and safety matters, to the extent the same shall have given rise to material claims against Midwest or the Guarantor or any of its Subsidiaries; (D) significant plant activities, such as major plant overhauls, alterationsAlterations, modifications and other capital expenditures, significant changes in plant operations and major operating incidents; and (E) markets activities, including quantities and average price of energy and capacity delivered; provided that such information shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances.