Common use of Applicable Permits Clause in Contracts

Applicable Permits. (a) All Applicable Permits that have been issued have been duly obtained or been assigned in the Borrower’s name are in full force and effect and not subject to current legal proceedings or to any Unsatisfied Condition that could reasonably be expected to result in material modification, limitation or revocation, and all applicable appeal periods with respect thereto have expired, except where such failure, legal proceeding, Unsatisfied Condition or appeal could not reasonably be expected to result in a Material Adverse Effect. The Borrower is in compliance in all material respects with each Applicable Permit that has been issued, except where such non-compliance could not reasonably be expected to result in a Material Adverse Effect. (b) To Borrower’s actual knowledge, all Applicable Third Party Permits that have been issued have been duly obtained in the applicable third party’s name, are in full force and effect and not subject to current legal proceedings or to any Unsatisfied Condition that could reasonably be expected to result in material modification, limitation or revocation, and all applicable appeal periods with respect thereto have expired, and, to the Borrower’s actual knowledge, no other Person is in material violation of any issued Applicable Third Party Permit, except where such failure, legal proceeding, Unsatisfied Condition or appeal could not reasonably be expected to result in a Material Adverse Effect. (c) With respect to any Permits that are not yet Applicable Permits or, to the knowledge of the Borrower, Applicable Third Party Permits to be obtained by an Offtaker, no fact or circumstance exists which makes it likely that any such Permit will not be timely obtainable by the Borrower or such Offtaker, as applicable, (i) prior to the time that it becomes an Applicable Permit or Applicable Third Party Permit, as applicable, (ii) without expense materially in excess of the amounts provided therefor in the then current Project Budget and (iii) without being inconsistent in any material respect with any of the Transaction Documents, except in each case where failure to obtain such Permit could not reasonably be expected to result in a Material Adverse Effect. (d) Except as disclosed in Schedule 4.13, the Permits which have been obtained by the Borrower or, to the Borrower’s knowledge, any Offtaker identified in Schedule 4.13, are not subject to any restriction, condition, limitation or other provision that could reasonably be expected to have a Material Adverse Effect.

Applicable Permits. (a) All Except as disclosed in the Permit Schedule applicable to the relevant Project, if any, all Applicable Permits that and Applicable Third Party Permits (as of the date of the Construction Credit Event) with respect to the construction and, if applicable, operation of the relevant Project required to have been obtained by the relevant Project Owner (or such Project Owner and its Joint Venturers, if applicable) or any other applicable Major Project Participant by the date of such Construction Credit Event from any Governmental Authority shall have been issued have been duly obtained or been assigned in the Borrower’s name are and be in full force and effect and not subject to current legal proceedings or to any Unsatisfied Condition unsatisfied conditions that could reasonably be expected expect to result in allow material modification, limitation modification or revocation, and all applicable appeal periods with respect thereto shall have expired, except where such failure, legal proceeding, Unsatisfied Condition or appeal could not reasonably be expected to result in a Material Adverse Effect. The Borrower is in compliance in all material respects with each Applicable Permit that has been issued, except where such non-compliance could not reasonably be expected to result in a Material Adverse Effect. (b) To Borrower’s actual knowledge, all Applicable Third Party Permits that have been issued have been duly obtained in the applicable third party’s name, are in full force and effect and not subject to current legal proceedings or to any Unsatisfied Condition that could reasonably be expected to result in material modification, limitation or revocation, and all applicable appeal periods with respect thereto have expired, and, to the Borrower’s actual knowledge, no other Person is in material violation of any issued Applicable Third Party Permit, except where such failure, legal proceeding, Unsatisfied Condition or appeal could not reasonably be expected to result in a Material Adverse Effect. (c) With respect to any Permits that are not yet Applicable Permits orobtained and, to if the knowledge relevant Project has an associated Permit Schedule, listed in Part II(A) or II(B) of the Borrowerapplicable Permit Schedule, Applicable Third Party Permits to be obtained by an Offtakereither (a) in the Technical Committee's reasonable opinion, no fact or circumstance exists which makes it likely that any such Permit will not be timely obtainable by at a cost consistent with the Borrower applicable Project Budget without material difficulty or delay prior to the time the relevant Project Owner (or such OfftakerProject Owner and its Joint Venturers, if applicable) or the applicable other Major Project Participant, as applicable, requires such Permit, or (ib) prior there shall exist alternate solutions (the expected cost of which is reflected in the applicable Project Budget) reasonably satisfactory to the time that it becomes an Applicable Permit or Applicable Third Party Independent Engineer which would eliminate the need for such Permit, as applicable, (ii) without expense materially in excess of the amounts provided therefor in the then current Project Budget and (iii) without being inconsistent in any material respect with any of the Transaction Documents, except in each case where failure to obtain such Permit could not reasonably be expected to result in a Material Adverse Effect. (d) . Except as disclosed in Schedule 4.13the applicable Permit Schedule, the if any, such Permits which have been obtained by the Borrower orrelevant Project Owner (or such Project Owner and its Joint Venturers, to the Borrower’s knowledge, if applicable) or any Offtaker identified in Schedule 4.13, are applicable Major Project Participant shall not be subject to any restriction, condition, limitation or other provision that could reasonably be expected to have a Material Adverse EffectEffect with respect to Borrower or such Project.

Applicable Permits. Other than the Permits set forth in Schedule 3.18: (a) All There are no material Permits issued pursuant to or required under applicable Law (including applicable Environmental Laws) with respect to the Project, as the Project is currently designed and contemplated to be sited, constructed, owned, maintained and operated as contemplated by the Material Project Agreements, that are or will become Applicable Permits that have with respect to the Project, other than the Permits described in Schedule 3.10. (b) Each Permit and Departure Approval listed in Part I of Schedule 3.10 has been issued have been duly to or made by the Company or the Project Company, or such other Person as allowed under applicable Law, for the benefit of the Project (including any Permits required to be obtained or been assigned in on behalf of the Borrower’s name are Project Company), is final, in full force and effect (with the exception of any Permits for which there are no further requirements or obligations thereunder and which are no longer required to be in full force and effect in accordance with all applicable Law) and the administrative and judicial periods to appeal such Permits have expired (other than, with respect to judicial periods only, under the Administrative Procedure Act or any citizen suit provision under applicable Law pursuant to which such Permit was issued). Other than as set forth in Schedule 3.4 (x) no judicial appeal has been filed with respect to such Permits or Departure Approvals or all such filed judicial appeals have been resolved, (y) each such Permit and Departure Approval is not subject to current any legal proceedings proceeding that is pending or threatened in writing (including administrative or judicial appeal, Permit or Departure Approval renewals or modification) seeking injunction, material modification or revocation or (y) each such Permit and Departure Approval is not subject to any Unsatisfied Condition that could reasonably material unsatisfied condition required to be satisfied as of the date this representation and warranty is made. (c) Each Permit listed in Part II of Schedule 3.10 has not yet been obtained because it is not required to be obtained until a future date and either (i) is expected to result in material modification, limitation or revocation, be obtained by such date and all applicable appeal periods therefore before it becomes an Applicable Permit with respect thereto have expiredto the Project or (ii) is of a type that is routinely granted on application, except where such failure, legal proceeding, Unsatisfied Condition or appeal could not reasonably that is ministerial in nature and that would normally be expected obtained in the ordinary course of business on commercially reasonable terms and conditions prior to result in a Material Adverse Effect. The Borrower the time required by applicable Law. (d) Each Project Entity and Shareco is in compliance in all material respects with each all Applicable Permits and Departure Approvals that have been obtained as of the date of this representation. (e) None of the Class B Equity Investor, any Project Entity or Shareco has received written notice from any Governmental Authority of an actual or potential material violation, or injunction, modification, revocation or termination, of any Applicable Permit or Departure Approval that has been issuedobtained as of the date of this representation, except where such non-compliance nor, to the Knowledge of the Class B Equity Investor, has any event occurred and is continuing that constitutes, or after notice or lapse of time or both could not reasonably be expected to result in constitute, a Material Adverse Effect. (b) To Borrower’s actual knowledgeviolation of any such Applicable Permit or Departure Approval, all Applicable Third Party Permits that have been issued have been duly obtained in the applicable third party’s name, are in full force and effect and not subject to current legal proceedings or to any Unsatisfied Condition that could reasonably be expected to result in any injunction, material modification, limitation or revocation, and all applicable appeal periods with respect thereto have expired, and, to modification (including the Borrower’s actual knowledge, no other Person is in material violation imposition of any issued Applicable Third Party Permitnew compliance conditions), except where such failurerevocation or termination of, legal proceedingor any other material adverse change in, Unsatisfied Condition or appeal could not reasonably be expected to result in a Material Adverse Effect. (c) With respect to any Permits that are not yet Applicable Permits or, to the knowledge of the Borrower, Applicable Third Party Permits to be obtained by an Offtaker, no fact or circumstance exists which makes it likely that any such Permit will not be timely obtainable by the Borrower or such Offtaker, as applicable, (i) prior to the time that it becomes an Applicable Permit or Applicable Third Party Permit, as applicable, (ii) without expense materially in excess of the amounts provided therefor in the then current Project Budget and (iii) without being inconsistent in any material respect with any of the Transaction Documents, except in each case where failure to obtain such Permit could not reasonably be expected to result in a Material Adverse EffectDeparture Approval. (d) Except as disclosed in Schedule 4.13, the Permits which have been obtained by the Borrower or, to the Borrower’s knowledge, any Offtaker identified in Schedule 4.13, are not subject to any restriction, condition, limitation or other provision that could reasonably be expected to have a Material Adverse Effect.