Common use of Delivery of Certain Information Clause in Contracts

Delivery of Certain Information. Midwest shall furnish prompt written notice to the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee: (a) as soon as possible and in any event within ten (10) Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence of any default under any material agreement to which Midwest is a party or any termination thereof, in each case, together with a statement of an Authorized Officer of Midwest setting forth details of such event of default, default or termination and the action Midwest has taken and proposes to take with respect thereto; (b) as soon as possible and in any event within ten (10) Business Days after the commencement of, or the occurrence of any material adverse development with respect to, any litigation, action, proceeding, or labor controversy of the type described in Section 3.1(e) of this Agreement, notice thereof; (c) immediately upon becoming aware of the institution of any steps by Midwest to terminate any Pension Plan (other than a standard termination under ERISA Section 4041(b)), or the failure to make a required contribution to any Pension Plan if such failure is sufficient to give rise to a Lien under Section 302(f) of ERISA or Section 412 of the Code, or the taking of any action with respect to a Pension Plan which could result in the requirement that Midwest furnish a bond or other security to the PBGC or such Pension Plan, or the occurrence of any event with respect to any Pension Plan which could result in the incurrence by Midwest or any member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty, or any increase in the contingent liability of Midwest with respect to any post-retirement Welfare Plan benefit, the occurrence or expected occurrence of any Reportable Event or the termination, reorganization or Insolvency of any Multiemployer Plan or the complete or partial withdrawal by Midwest or any member of the Controlled Group from a Multiemployer Plan, notice thereof and copies of all documentation relating thereto; (d) as soon as possible and in any event within ten (10) Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence thereof, notice that any Governmental Authority may revoke, or refuse to grant or renew, or materially modify, any material Governmental Approval described in Section 3.1(c) of this Agreement; (e) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of Midwest, or compliance with the terms of this Agreement or the other Operative Documents, as the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee may reasonably request; provided that such information shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; (f) promptly upon becoming aware of any written communications from FERC or commencement of proceedings before FERC (i) alleging a material violation of FERC regulations with respect to the Facility, (ii) challenging or threatening to materially condition, limit, suspend or revoke Midwest’s MBR Authority, or (iii) challenging or threatening to revoke Midwest’s EWG status or otherwise to cause Midwest to lose its exemptions from FERC accounting and books and records access regulation under PUHCA; provided that (x) Midwest may redact commercially sensitive portions of any document to be delivered pursuant to this Section 5.1(f), and (y) the existence and content of any non-public communications shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; and (g) concurrently with the delivery of any notice, report, request, demand, certificate, financial statement or other instrument to the Owner Lessor pursuant to the Facility Lease (but without duplication of deliveries required under Section 5.1(a) of this Agreement), for so long as the Lien of the Lease Indenture has not been terminated or discharged, Midwest shall furnish a copy of the same to the Lease Indenture Trustee and the Pass Through Trustee.

Delivery of Certain Information. (i) Midwest shall furnish prompt written notice to the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through TrusteeHolder Representative: (a) as soon as possible and in any event within ten (10) five Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence of any default under any material agreement to which Midwest is a party or any termination thereof, in each case, together with a statement of an Authorized Officer of Midwest setting forth details of such event of default, default or termination and the action Midwest has taken and proposes to take with respect thereto; (b) as soon as possible and in any event within ten (10) five Business Days after the commencement of, or the occurrence of any material adverse development with respect to, any litigation, action, proceeding, or labor controversy of the type described in Section 3.1(e) of this AgreementSECTION 3.1(h), notice thereof; (c) immediately upon becoming aware of the institution of any steps by Midwest to terminate any Pension Plan (other than a standard termination under ERISA Section 4041(b)), or the failure to make a required contribution to any Pension Plan if such failure is sufficient to give rise to a Lien under Section 302(f) of ERISA or Section 412 of the Code, or the taking of any action with respect to a Pension Plan which could result in the requirement that Midwest furnish a bond or other security to the PBGC or such Pension Plan, or the occurrence of any event with respect to any Pension Plan which could result in the incurrence by Midwest or any member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty, or any increase in the contingent liability of Midwest with respect to any post-retirement Welfare Plan benefit, the occurrence or expected occurrence of any Reportable Event or the termination, reorganization Reorganization or Insolvency of any Multiemployer Plan or the complete or partial withdrawal by Midwest or any member of the Controlled Group from a Multiemployer Plan, notice thereof and copies of all documentation relating thereto; (d) as soon as possible and in any event within ten (10) five Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence thereof, notice that any Governmental Authority may revoke, or refuse to grant or renew, or materially modify, any material Governmental Approval described in Section SECTION 3.1(c) of this Agreement); (e) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of Midwest, or compliance with the terms of this Agreement or the other Operative Documents, as the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee Holder Representative may reasonably request; provided that such information shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; (f) promptly concurrently with the payment of Contingent Prepaid Rent, notice of such payment and the amount thereof; (g) immediately upon becoming aware of any written communications from FERC or commencement change in operations of proceedings before FERC (i) alleging a material violation of FERC regulations with respect Midwest that would cause Midwest to the Facility, (ii) challenging or threatening fail to materially condition, limit, suspend or revoke Midwest’s MBR Authority, or (iii) challenging or threatening to revoke Midwest’s qualify for EWG status or otherwise to cause Midwest to lose its exemptions exemption from FERC accounting and books and records access regulation under PUHCA; provided that (x) Midwest may redact commercially sensitive portions of any document to be delivered pursuant to this Section 5.1(f), and (y) the existence and content of any non-public communications shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; and (gh) concurrently with the delivery of any notice, report, request, demand, certificate, financial statement or other instrument to the Owner Lessor pursuant to the Facility Lease (but without duplication of deliveries required under Section 5.1(a) of this AgreementSECTION 5.1(i), for so long as the Lien of the Lease Indenture has not been terminated or discharged), Midwest shall furnish a copy of the same to the Lease Indenture Trustee and the Pass Through TrusteeHolder Representative with sufficient copies for each Holder.

Delivery of Certain Information. Midwest shall furnish prompt written notice to the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through TrusteeTrustees: (a) as soon as possible and in any event within ten (10) five Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence of any default under any material agreement to which Midwest is a party or any termination thereof, in each case, together with a statement of an Authorized Officer of Midwest setting forth details of such event of default, default or termination and the action Midwest has taken and proposes to take with respect thereto; (b) as soon as possible and in any event within ten (10) five Business Days after the commencement of, or the occurrence of any material adverse development with respect to, any litigation, action, proceeding, or labor controversy of the type described in Section 3.1(e) of this AgreementSECTION 3.1(i), notice thereof; (c) immediately upon becoming aware of the institution of any steps by Midwest to terminate any Pension Plan (other than a standard termination under ERISA Section 4041(b)), or the failure to make a required contribution to any Pension Plan if such failure is sufficient to give rise to a Lien under Section 302(f) of ERISA or Section 412 of the Code, or the taking of any action with respect to a Pension Plan which could result in the requirement that Midwest furnish a bond or other security to the PBGC or such Pension Plan, or the occurrence of any event with respect to any Pension Plan which could result in the incurrence by Midwest or any member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty, or any increase in the contingent liability of Midwest with respect to any post-retirement retire- ment Welfare Plan benefit, the occurrence or expected occurrence of any Reportable Event or the termination, reorganization Reorganization or Insolvency of any Multiemployer Plan or the complete or partial withdrawal by Midwest or any member of the Controlled Group from a Multiemployer Plan, notice thereof and copies of all documentation relating thereto; (d) as soon as possible and in any event within ten (10) five Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence thereof, notice that any Governmental Authority may revoke, or refuse to grant or renew, or materially modify, any material Governmental Approval described in Section SECTION 3.1(c) of this Agreement); (e) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of Midwest, or compliance with the terms of this Agreement or the other Operative Documents, as the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee Trustees may reasonably request; provided that such information shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; (f) promptly immediately upon becoming aware of any written communications from FERC or commencement change in operations of proceedings before FERC (i) alleging a material violation of FERC regulations with respect Midwest that would cause Midwest to the Facility, (ii) challenging or threatening fail to materially condition, limit, suspend or revoke Midwest’s MBR Authority, or (iii) challenging or threatening to revoke Midwest’s qualify for EWG status or otherwise to cause Midwest to lose its exemptions exemption from FERC accounting and books and records access regulation under PUHCA; provided that (x) Midwest may redact commercially sensitive portions of any document to be delivered pursuant to this Section 5.1(f), and (y) the existence and content of any non-public communications shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; and (g) concurrently with the delivery of any notice, report, request, demand, certificate, financial statement or other instrument to the Owner Lessor pursuant to the Facility Lease (but without duplication of deliveries required under Section SECTION 5.1(a) of this Agreement)), for so long as the Lien of the Lease Indenture has not been terminated or discharged, Midwest shall furnish a copy of the same to the Lease Indenture Trustee and the Pass Through TrusteeTrustees.

Delivery of Certain Information. Midwest shall furnish prompt written notice to the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through TrusteeTrustees: (a) as soon as possible and in any event within ten (10) five Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence of any default under any material agreement to which Midwest is a party or any termination thereof, in each case, together with a statement of an Authorized Officer of Midwest setting forth details of such event of default, default or termination and the action Midwest has taken and proposes to take with respect thereto; (b) as soon as possible and in any event within ten (10) five Business Days after the commencement of, or the occurrence of any material adverse development with respect to, any litigation, action, proceeding, or labor controversy of the type described in Section 3.1(e) of this AgreementSECTION 3.1(i), notice thereof; (c) immediately upon becoming aware of the institution of any steps by Midwest to terminate any Pension Plan (other than a standard termination under ERISA Section 4041(b)), or the failure to make a required contribution to any Pension Plan if such failure is sufficient to give rise to a Lien under Section 302(f) of ERISA or Section 412 of the Code, or the taking of any action with respect to a Pension Plan which could result in the requirement that Midwest furnish a bond or other security to the PBGC or such Pension Plan, or the occurrence of any event with respect to any Pension Plan which could result in the incurrence by Midwest or any member of the Controlled Group of any material liability (other than liabilities incurred in the ordinary course of maintaining the Pension Plan), fine or penalty, or any increase in the contingent liability of Midwest with respect to any post-retirement Welfare Plan benefit, the occurrence or expected occurrence of any Reportable Event or the termination, reorganization Reorganization or Insolvency of any Multiemployer Plan or the complete or partial withdrawal by Midwest or any member of the Controlled Group from a Multiemployer Plan, notice thereof and copies of all documentation relating thereto; (d) as soon as possible and in any event within ten (10) five Business Days after any Authorized Officer of Midwest obtains knowledge of the occurrence thereof, notice that any Governmental Authority may revoke, or refuse to grant or renew, or materially modify, any material Governmental Approval described in Section SECTION 3.1(c) of this Agreement); (e) promptly following any request therefor, such other information regarding the operations, business affairs and financial condition of Midwest, or compliance with the terms of this Agreement or the other Operative Documents, as the Owner Trustee, the Owner Lessor, the Owner Participant and, for so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Pass Through Trustee Trustees may reasonably request; provided that such information shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; (f) promptly immediately upon becoming aware of any written communications from FERC or commencement change in operations of proceedings before FERC (i) alleging a material violation of FERC regulations with respect Midwest that would cause Midwest to the Facility, (ii) challenging or threatening fail to materially condition, limit, suspend or revoke Midwest’s MBR Authority, or (iii) challenging or threatening to revoke Midwest’s qualify for EWG status or otherwise to cause Midwest to lose its exemptions exemption from FERC accounting and books and records access regulation under PUHCA; provided that (x) Midwest may redact commercially sensitive portions of any document to be delivered pursuant to this Section 5.1(f), and (y) the existence and content of any non-public communications shall not be disclosed to any personnel that perform any trading or marketing functions with respect to the purchase, sale, or transportation of electricity, capacity, ancillary services, or other energy products in the PJM Interconnection or Midwest ISO (MISO) regions or fuel or emissions allowances; and (g) concurrently with the delivery of any notice, report, request, demand, certificate, financial statement or other instrument to the Owner Lessor pursuant to the Facility Lease (but without duplication of deliveries required under Section SECTION 5.1(a) of this Agreement)), for so long as the Lien of the Lease Indenture has not been terminated or discharged, Midwest shall furnish a copy of the same to the Lease Indenture Trustee and the Pass Through TrusteeTrustees.