Common use of Solicitation of Offers Clause in Contracts

Solicitation of Offers. If the Lessee shall give the Lessor and the Owner Participant notice pursuant to Section 14.1 and the Lessor shall not have elected to retain the Lessor's Interest pursuant to Section 14.3, the Lessee shall, as non-exclusive agent for the Lessor, use its commercially reasonable efforts to obtain bids and sell the Lessor's Interest on the Obsolescence Termination Date, all of the proceeds of which will be for the account of the Lessor; provided, however, that so long as the Lien of the Indenture shall not have been terminated or discharged, the proceeds of such sale shall be paid directly to the Indenture Trustee. The Lessor shall also have the right to obtain bids for the sale of the Lessor's Interest either directly or through agents other than the Lessee. At least 90 days prior to the Obsolescence Termination Date the Lessee shall certify to the Lessor each bid or offer, the amount and terms thereof and the name and address of the party (which shall not be the Lessee, any Affiliate or any third party with whom it or an Affiliate has an arrangement to use or operate the Facility to generate power for the benefit of the Lessee or such Affiliate after the termination of this Lease) submitting such bid or offer.

Solicitation of Offers. If the Lessee shall give the Owner Lessor and the Owner Participant notice pursuant to Section 14.1 and the Owner Lessor shall not have elected to retain the Owner Lessor's Interest with respect to the Facility pursuant to Section 14.314.3 hereof, the Lessee shall, as non-exclusive agent for the Owner Lessor, use its commercially reasonable efforts to obtain bids and for the sale of and, subject to Section 14.5 hereof, sell the Owner Lessor's Interest on the Obsolescence Termination Date, and all of the proceeds of which such sale will be for the account of the Owner Lessor; provided, however, provided that so long as the Lien of the Indenture shall not have been terminated or discharged, the proceeds of such sale shall be paid directly to the Indenture Trustee. The Owner Lessor shall also have the right right, but no obligation, to obtain bids for the sale of the such Owner Lessor's Interest either directly or through agents other than the Lessee. At least 90 days prior to the Obsolescence Termination Date the Lessee shall certify to the Owner Lessor and the Indenture Trustee each bid or offer, the amount and terms thereof and the name and address of the party (which shall not be the Lessee, any Affiliate of the Lessee or any third party with whom it the Lessee or an Affiliate of the Lessee has an arrangement to sell or lease the Owner Lessor's Interest to the Lessee or an Affiliate thereof, or to use or operate the Facility for the Lessee or an Affiliate thereof or to generate power for the benefit of the Lessee or such Affiliate after the termination of this Facility Lease) submitting such bid or offer.

Solicitation of Offers. If the Facility Lessee shall give the Owner Lessor and the Owner Participant notice pursuant to Section 14.1 and the Owner Lessor shall not have elected to retain the Owner Lessor's Interest pursuant to Section 14.3, the Facility Lessee shall, (i) as non-exclusive agent for the Owner Lessor, use its commercially reasonable efforts to obtain bids from third parties which are not Affiliates of the Facility Lessee and subject (to the extent applicable to such transfer) to any right of first refusal contained in the Owner Agreements, sell the Owner Lessor's Interest on the Obsolescence Termination Date, all of and (ii) covenant that it will not sell the proceeds of which will be for the account of the Lessor; provided, however, that so long as the Lien of the Indenture shall not have been terminated or discharged, the proceeds of such sale shall be paid directly to the Indenture Trustee. The Lessor shall also have the right to obtain bids for the sale of the Owner Lessor's Interest either directly to itself or through agents other than the Lessee. At least 90 days prior to the Obsolescence Termination Date the Lessee shall certify to the Lessor each bid or offer, the amount and terms thereof and the name and address of the party (which shall not be the Lessee, any an Affiliate or any third party with whom it the Facility Lessee or an Affiliate thereof has an arrangement to use or operate the Facility to generate power for the benefit of the Facility Lessee or such any Affiliate thereof after the termination of this Facility Lease) submitting . All of the proceeds of any such bid sale will be for the account of the Owner Lessor; provided that so long as the Lien of the Lease Indenture shall not have been terminated or offer.discharged, the proceeds of Shawville Facility Lease 33

Solicitation of Offers. If the Lessee shall give the Owner Lessor and the Owner Participant notice pursuant to Section 14.1 and the Owner Lessor shall not have elected to retain the Owner Lessor's ’s Interest pursuant to Section 14.314.3 hereof, the Lessee shall, as non-exclusive agent for the Owner Lessor, use its commercially reasonable efforts to obtain bids and sell the such Owner Lessor's ’s Interest on the Obsolescence Termination Date, all of the proceeds of which will be for the account of the Owner Lessor; provided, however, provided that so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the proceeds of such sale pursuant to this Section 14.2 shall be paid directly to the Lease Indenture Trustee. The Owner Lessor shall also have the right to obtain bids for the sale of the such Owner Lessor's ’s Interest either directly or through agents other than the Lessee. At least 90 days prior to the Obsolescence Termination Date the Lessee shall certify to the Owner Lessor and the Lease Indenture Trustee each bid or offer, the amount and terms thereof and the name and address of the party (which shall not be the Lessee, any Affiliate or any third party with whom it or an Affiliate has an arrangement to use or operate the Facility to generate power Network for the benefit of the Lessee or such Affiliate after the termination of this Network Lease) submitting such bid or offer.