Common use of No Abandonment Clause in Contracts

No Abandonment. Subject to the prior written consent of the Agent, the Borrower shall not, and shall not permit any AEE Entity to, abandon or agree to abandon the operation or maintenance of the Facility or the Related Facility or otherwise cease to diligently pursue the operation and maintenance of the Facility and the Related Facility in accordance with Prudent Industry Practice or voluntarily reduce the operations of the Facility or the Related Facility in any material respect (except to the extent required by customary maintenance procedures). Subject to the prior written consent of the Agent, the Borrower shall not, and shall not permit any AEE Entity to, abandon or agree to abandon the operation or maintenance of either of the Additional Facilities or otherwise cease to diligently pursue the operation and maintenance of such Additional Facilities in accordance with Prudent Industry Practice (except to the extent required by customary maintenance procedures), during the expected useful life of such Additional Facility.

Appears in 2 contracts

Samples: Credit Agreement (Aes Eastern Energy Lp), Credit Agreement (Aes Eastern Energy Lp)

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No Abandonment. Subject to the prior written consent of the Agent, the Borrower shall not, and shall not permit any AEE Entity to, abandon or agree to abandon the operation or maintenance of the Facility or the Related Facility or otherwise cease to diligently pursue the operation and maintenance of the Facility and the Related Facility in accordance with Prudent Industry Practice or voluntarily reduce the operations of the Facility or the Related Facility in any material respect (except to the extent required by customary maintenance procedures). Subject to the prior written consent of the Agent, the Borrower shall not, and shall not permit any AEE Entity to, abandon or agree to abandon the operation or maintenance of either of the Additional Facilities or otherwise cease to diligently pursue the operation and maintenance of such Additional Facilities in accordance with Prudent Industry Practice (except to the extent required by customary maintenance procedures), during the expected useful life of such Additional Facility.

Appears in 1 contract

Samples: Aes Eastern Energy Lp

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No Abandonment. Subject to Except as contemplated by the prior written consent of the AgentLease, the Borrower AEE shall not, and shall not permit any AEE Entity to, abandon or agree to abandon the operation or maintenance of the Facility or the Related Facility or otherwise cease to diligently pursue the operation and maintenance of the Facility and the Related Facility in accordance with Prudent Industry Practice or voluntarily reduce the operations of the Facility or the Related Facility in any material respect (except to the extent required by customary maintenance procedures)) prior to the end of the Lease Term. Subject to the prior written consent of the AgentOwner Participant and, so long as the Lien of the Indenture shall not have been terminated or discharged, the Borrower Indenture Trustee, AEE shall not, and shall not permit any AEE Entity to, abandon or agree to abandon the operation or maintenance of either of the Additional Facilities or otherwise cease to diligently pursue the operation and maintenance of such Additional Facilities in accordance with Prudent Industry Practice (except to the extent required by customary maintenance procedures), during the expected useful life of such Additional Facility.

Appears in 1 contract

Samples: Participation Agreement (Aes Eastern Energy Lp)

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