Owner/Lessor is aware of no existing lease, mortgage, security interest or other interest in or lien upon the Premises that could attach to the Facility as an interest adverse to Lender's or Facility Lessor's Security Interest therein. To the Owner/Lessor's knowledge, there exists no event or condition which constitutes a default, or which would, with the giving of notice or lapse of time, constitute a default, under the Lease. Owner/Lessor will use commercially reasonable efforts to place its successors, assigns, and lienors on notice of the ownership of the Facility by Provider, the existence of the Security Interest, and the fact that the Facility is not a part of the Premises or a fixture thereof, as necessary and appropriate to avoid confusion or adverse claims. Owner/Lessor disclaims any right to receive any rebate, subsidy, tax credit, or renewable energy credits or other environmental attributes based upon the installation of the Facility at the Premises. Provider and Lender or Facility Lessor shall be third-party beneficiaries to this Acknowledgement with full right and authority to enforce the provisions hereof. OWNER/LESSOR HOST By: By: Name: Name: Title: Title:
Owner/Lessor is aware of no existing lease, mortgage, security interest or other interest in or lien upon the Premises that could attach to the Facility as an interest adverse to Lender's or Facility Lessor's Security Interest therein. To the Owner/Lessor's knowledge, there exists no event or condition which constitutes a default, or which would, with the giving of notice or lapse of time, constitute a default, under the Lease. Owner/Lessor will use commercially reasonable efforts to place its successors, assigns, and lienors on notice of the ownership of the Facility by Provider, the existence of the Security Interest, and the fact that the Facility is not a part of the Premises or a fixture thereof, as necessary and appropriate to avoid confusion or adverse claims. Owner/Lessor disclaims any right to receive any rebate, subsidy, tax credit, or renewable energy credits or other environmental attributes based upon the installation of the Facility at the Premises. Provider and Lender or Facility Lessor shall be third-party beneficiaries to this Acknowledgement with full right and authority to enforce the provisions hereof. OWNER/LESSOR HOST By: By: Name: Name: Title: Title:
acrp_rpt_151_SamplePPA.docx