Common use of REC Contracts Clause in Contracts

REC Contracts. Without limiting Section 7.10(b), the Borrower shall not, and shall not permit any Subsidiary to, enter into any REC Contract other than an (a) in the case of the Opcos, Excluded REC Contracts and Borrower REC Purchase Agreements and (b) in the case of the Borrower, Borrower REC Purchase Agreements, Borrower REC Sale Agreements and Borrower Excess REC Agreements; provided, that the Borrower shall not enter into (or assume) any Borrower REC Sale Agreement if, after giving effect thereto, the number of RECs required to be delivered by the Borrower under all then applicable Borrower REC Sale Agreements would exceed in any jurisdiction the number of related RECs expected to be generated for any Vintage by the Eligible Projects for such jurisdiction, the RECs of which have been transferred to the Borrower pursuant to a Borrower REC Purchase Agreement, which determination shall be made at any the time a Borrower REC Sale Agreement is entered into (or assumed) and shall assume P99 Production for Eligible Projects.

REC Contracts. Without limiting Section 7.10(b), the Borrower shall not, and shall not permit any Subsidiary to, enter into any REC Contract other than an (a) in the case of the Opcos, Excluded REC Contracts and Borrower REC Purchase Agreements and (b) in the case of the Borrower, Borrower REC Purchase Agreements, Borrower REC Sale Agreements and Borrower Excess REC Agreements; provided, that the Borrower shall not enter into (or assume) any Borrower REC Sale Agreement if, after giving effect thereto, the number of RECs required to be delivered by the Borrower under all then applicable Borrower REC Sale Agreements would exceed in any jurisdiction the number of related RECs expected to be generated for any Vintage by the Eligible Projects for such jurisdiction, the RECs of which have been transferred to the Borrower pursuant to a Borrower REC Purchase Agreement, which determination shall be made at any the time a Borrower REC Sale Agreement is entered into (or assumed) and shall assume P99 Production for Eligible Projects. [***] Confidential treatment has been requested for the bracketed portions. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.