6.  REPRESENTATIVE

6.1  Subject to paragraph 6.2 and without prejudice to the Agent's rights under the Security Documents, the Agent may give the Board a Step-In Notice at any time:

6.1.1  during which a Project Co Event of Default or an Enforcement Event14 is subsisting (whether or not a Termination Notice has been served); or

6.1.2  during the Required Period.

6.2  The Agent shall give the Board not less than 5 Business Days prior notice of:

6.2.1  its intention to issue a Step-In Notice; and

6.2.2  the identity of the proposed Appointed Representative.

6.3  On the issue of the Step-In Notice, the Appointed Representative shall assume jointly with Project Co the rights of Project Co under the Board Project Documents and thereafter, until the end of the Step-In Period the Board shall deal with the Appointed Representative and not Project Co.




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14  If Senior Funders are taking enforcement action, then there is no objection to there being a right of step-in, although in practice funders may not wish to step in if there is no Project Co Event of Default (and therefore no threat of termination of the Project Agreement).