PUHCA. The Facility Lessee shall not take any action or fail to take any action that would subject the Owner Lessor, the Owner Participant or any Lender to regulation under PUHCA, PROVIDED that with respect to circumstances or events outside of the control of the Facility Lessee, the Facility Lessee shall not be deemed to have breached the covenant contained in this SECTION 6.22 so long as the Facility Lessee is using commercially reasonable efforts to maintain (or re-establish) such exemptions from regulation under PUHCA.
Appears in 4 contracts
Samples: Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp)
PUHCA. The Facility Lessee shall not take any action or fail to take any action that would subject the Owner Lessor, the Owner Participant or any Lender to regulation under PUHCA, PROVIDED provided that with respect to circumstances or events outside of the control of the Facility Lessee, the Facility Lessee shall not be deemed to have breached the covenant contained in this SECTION Section 6.22 so long as the Facility Lessee is using commercially reasonable efforts to maintain (or re-establish) such exemptions from regulation under PUHCA.
Appears in 1 contract
Samples: Participation Agreement (Eme Homer City Generation Lp)
