emission reductions of a given pollutant) is not indicated by an environmental attribute, though it can
be quantified separately in pollution trading markets and through engineering estimates. The
Environmental Attribute represents all environmental benefits, whether or not trading markets for
such pollutants or benefits exist. Secured Party will quantify any and all Environmental Attributes
and have the right to trade said Environmental Attributes for its own account in a manner consistent
with the Loan Agreement.
“Equipment” means all solar panels and related Project equipment, machinery,
components, additions, wirings, meters, replacement parts and consumables used and/or useful with
respect to the Project.
“Event of Default” has the meaning set forth in Section 4.1.
“General Intangibles” has the meaning assigned to such term in the Code.
“Grantor” has the meaning ascribed to such term in the Preamble.
“Instruments” has the meaning assigned to such term in the Code.
“Investment Property” has the meaning assigned to such term in the Code.
“Liens” means any and all mortgages, liens, charges, hypothecations, assignments,
security interests and/or encumbrances of any kind, and/or pledges and/or deposits of any nature.
“Obligations” means: (a) the principal amount of the Loan advanced by Secured
Party to Grantor; (b) any and all interest accrued and to accrue on the Loan; (c) any and all fines, fees
and penalties related to the Loan; (d) any and all liabilities of Grantor to Secured Party related to the
Loan and the Loan Agreement; and (e) any and all costs and expenses of, or incurred by, Secured
Party in collecting any of the foregoing and enforcing this Agreement or the other Loan Documents
(as such term is defined in the Loan Agreement), including, without limitation, reasonable attorneys'
fees and disbursements incurred and court costs.
“Permitted Encumbrances” means: (a) Liens securing taxes, assessments and/or
governmental charges and/or levies or the claims of materialmen, mechanics, carriers,
warehousemen, landlords and other similar Persons, the payment of which are not currently due and
payable; and (b) Liens in favor of Secured Party.
“Person” means any individual, sole proprietorship, partnership, joint venture, trust,
unincorporated organization, association, corporation, institution, entity, party, limited liability
company, or government agency (whether national, federal, state, county, city, municipal or
otherwise).
“Proceeds” means any consideration received from the sale, exchange, collection or
other disposition of the Collateral or any portion thereof, and any and all payments received from any
insurer or other Person as a result of the destruction, loss, theft, damage, casualty or other involuntary
conversion of whatever nature of the Collateral or any portion thereof.
“Project” means that certain solar generation system developed, designed, procured
and installed at the Real Property.
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