Common use of Turbines Clause in Contracts

Turbines. The Borrower shall not, and shall not allow any Corresponding Project Company to, Transfer any Turbines or any of its rights or interests in or under any Turbine Supply Documents to any Person, other than: (i) to the Collateral Agent pursuant to the Security Agreements, (ii) subject to this Section 5(v), to an Eligible Qualified Project Company or a Qualified Project Company, only upon a prepayment of the Loans as contemplated by Section 2(i)(ii), or (iii) to a third party, only upon the prepayment in full of the Corresponding Term Loans as contemplated under Section 2(i)(ii); provided, in any event, that such allowed Transfer of Turbines with respect to any Project or Turbine Supply Document must include all of the Turbines associated with such Project or Turbine Supply Document, as applicable, and prepayment of all Corresponding Term Loans for such Turbines. The Borrower shall not, and shall not allow any Corresponding Project Company to, erect, install, assemble, remove from storage or project sites, transport (provided that transportation of the Turbine from the manufacturer to a project site is expressly permitted) or take any other actions or fail to take any action that would reasonably be likely to reduce the value or marketability of any such Turbines financed under the Loan (including storage of Turbines in any material manner or for any period that would reasonably be likely to result in a material loss or diminishment of such Turbine’s warranty) at any project site (including a project site of any Affiliate of the Borrower) or that could materially impair the lien of the Security Agreements.

Appears in 2 contracts

Samples: Appraisal Procedure (First Wind Holdings Inc.), Appraisal Procedure (First Wind Holdings Inc.)

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Turbines. The Borrower shall not, and shall not allow any Corresponding Project Company to, Transfer any Turbines or any of its rights or interests in or under any Turbine Supply Documents to any Person, other than: (i) to the Collateral Agent pursuant to the Security Agreements, (ii) subject to this Section 5(v5(x), to an Eligible Qualified Project Company or a Qualified Project Company, and then only upon a prepayment of the Corresponding Term Loans as contemplated by Section 2(i)(ii2.5(b)(ii), or (iii) to a third party, but only upon the prepayment in full of the Corresponding Term Loans as contemplated under by Section 2(i)(ii2.5(b)(ii); provided, in any event, that such allowed Transfer of Turbines with respect to any Project or Turbine Supply Document must include all of the Turbines associated with such Project or Turbine Supply Document, as applicable, and prepayment of all Corresponding Term Loans for such Turbines. The Borrower shall not, and shall not allow any Corresponding Project Company to, erect, install, assemble, remove from storage or project sites, transport (provided that transportation of the Turbine from the manufacturer to a project site is expressly permitted) or take any other actions or fail to take any action that would reasonably be likely to reduce the value or marketability of any such Turbines financed under the Loan (including storage of Turbines in any material manner or for any period that would reasonably be likely to result in a material loss or diminishment of such Turbine’s warranty) at any project site (including a project site of any Affiliate of the Borrower) or that could materially impair the lien of the Security Agreements.

Appears in 2 contracts

Samples: Confidential Treatment (First Wind Holdings Inc.), Confidential Treatment (First Wind Holdings Inc.)

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