Pollution Control Bonds Clause Samples

Pollution Control Bonds. Notwithstanding any other provision hereof, Buyer covenants and agrees that, after the Closing Date, Buyer will not make any modifications to the "Purchased Assets" as defined under the Sithe/GPU Agreements or take any action which, in and of itself, results in a loss of the exclusion of interest on the "Pollution Control Revenue Bonds" as defined under the Sithe/GPU Agreements issued on behalf of Jersey Central Power & Light Company, Metropolitan Edison Company and Pennsylvania Electric Company (the "GPU Sellers") in connection with such Purchased Assets from gross income for federal income tax purposes under Section 103 of the Code. Actions with respect to Purchased Assets shall not constitute a breach by Buyer of this Section 6.8 in the following circumstances: (i) Buyer ceases to use or decommissions any of the Purchased Assets or subsequently repowers such Purchased Assets that are no longer used or decommissioned (but does not hold such Purchased Assets for sale);