Project Counterparties Clause Samples

Project Counterparties. Prior to it entering into any material agreement or contract with any Person, Borrower and each Sub shall, and Borrower shall cause each of its Subsidiaries to, make due inquiries to determine whether such Person has been debarred or disqualified by any Governmental Authority from performing work or entering into contracts of the type to be performed under or similar to the applicable agreement or contract, and if such is the case (as determined based upon such inquiries), neither Borrower nor any Sub shall, and Borrower shall not permit any of its Subsidiaries to, enter into such agreement or contract. Neither Borrower nor any Sub shall, and Borrower shall not permit any of its Subsidiaries to, enter into any agreement or contract if (i) such agreement or contract contains provisions that could impair or impose conditions upon (w) the exercisability of the Option, (x) the assignability or transfer of the Equity Agreement or any rights thereunder or of Lender’s equity interests in Borrower (upon exercise of the Option and/or acquisition of such equity interests) or the rights of Lender under Section 7.1(a) or 7.1(b) hereof, (y) the transfer of a direct or indirect interest in Lender or (z) the exercise of any of Lender’s remedies under the Loan Documents, (ii) such agreement or contract would impose recourse on or to, or otherwise create any obligations of, Lender (as Lender or upon exercise of its Option and/or acquisition of such equity interests or otherwise) or (iii) such agreement or contract is not collaterally assignable to Lender.