Section 45X Tax Credits Sample Clauses

Section 45X Tax Credits. Use its best efforts to ensure that the Alpha Steel JV continues to be eligible for and receives any and all advanced manufacturing production credits under Section 45X of the Code. If any Change in Law adversely impact the Alpha Steel JV’s eligibility for the existing advanced manufacturing production credits under Section 45X of the Code, the Borrower shall use its best efforts to restructure the Alpha Steel JV in order for the Alpha Steel JV to continue to be eligible for, and to receive, any and all advanced manufacturing production credits under Section 45X of the Code. Notwithstanding the foregoing, the Borrower shall not be required to take any actions or use any such efforts (a) to the extent that any Change in Law eliminates such tax credits in their entirety, (b) if the Borrower needs the consent of the Lenders to implement a reasonable restructuring plan, the Borrower presents such reasonable restructuring plan to the Lenders and the Lenders fail to reasonably cooperate with the Borrower’s implementation of such plan or (c) to the extent prohibited by applicable law or regulation.