Common use of Achievement of Financial Close Clause in Contracts

Achievement of Financial Close. If Seller succeeds in achieving Financial Close by the Construction Finance Deadline, Seller will proceed to construct the Plant and Buyer will proceed to construct the Delivery System, unless otherwise agreed by the Parties as part of the Contract. Buyer will not be obligated to construct the Delivery System if Seller fails to achieve Financial Close.

Achievement of Financial Close. If Seller succeeds in achieving Financial Close by the Construction Finance Deadline, Seller will proceed to construct the Plant and Buyer will proceed to construct the Delivery System (if Seller is responsible for construction of the Delivery System, ) unless otherwise agreed by the Parties as part of the Contract. Buyer will not be obligated to construct the Delivery System if Seller fails to achieve Financial Close.