Common use of Applicable Permits Clause in Contracts

Applicable Permits. All Applicable Permits for each Initial Project required to have been obtained by the Obligors by the Term Conversion Date (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in any Project being operated in a manner inconsistent in any material respect with the Base Case Projections other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower or (y) losses, costs or expenses to Borrower that are not material.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.), Credit and Guaranty Agreement (OPAL Fuels Inc.)

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Applicable Permits. (i) All Applicable Permits for each Initial Project set forth on Schedule 3.10(c) required to have been obtained by Sapphire Project Company with respect to the Obligors Sapphire RNG Project by the date of the initial Term Conversion Date Loan hereunder for such Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in any such Project being operated in a manner inconsistent in any material respect with the Base Case Projections other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower applicable Project Company or (y) losses, costs or expenses to Borrower the applicable Project Company that are not material.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.), Credit and Guaranty Agreement (OPAL Fuels Inc.)

Applicable Permits. (i) All Applicable Permits for each Initial Project set forth on Schedule 3.10(c) required to have been obtained by Emerald Project Company with respect to the Obligors Emerald RNG Project by the date of the initial Term Conversion Date Loan hereunder for such Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in any such Project being operated in a manner inconsistent in any material respect with the Base Case Projections other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower applicable Project Company or (y) losses, costs or expenses to Borrower the applicable Project Company that are not material.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.), Credit and Guaranty Agreement (OPAL Fuels Inc.)

Applicable Permits. (xviii) All Applicable Permits for each Initial Project set forth on Schedule 3.10(c) required to have been obtained by the Obligors any Obligor or any Subsidiary by the Term Conversion Closing Date (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are KE 84627654 held in the name of the applicable Obligor or Subsidiary or the applicable Initial Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in any Project being operated in a manner inconsistent in any material respect with the Base Case Projections other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower applicable Project Companies or (y) losses, costs or expenses to Borrower the applicable Project Companies that are not material.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.)

Applicable Permits. All Applicable Permits for each Initial Project required to have been obtained by the Obligors or any other Project Company by the Term Conversion Date (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in any Project being operated in a manner inconsistent in any material respect with the Base Case Projections other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower or (y) losses, costs or expenses to Borrower that are not material.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.)

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Applicable Permits. (i) All Applicable Permits for each Initial Project set forth on the updated Schedule 3.10(c) required to have been obtained by the Obligors any Obligor or any Subsidiary by the Term Conversion Inclusion Date for the applicable Incremental Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Incremental Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in any the Incremental Project being operated in a manner inconsistent in any material respect with the Base Case Projections Projections, as amended or modified from time to time in accordance with Section 4.4(a)(ii), other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower applicable Project Company or (y) losses, costs or expenses to Borrower the applicable Project Company that are not material.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.)

Applicable Permits. (iii) All Applicable Permits for each Initial Project set forth on the updated Schedule 3.10(c) required to have been obtained by the Obligors any Obligor or any Subsidiary by the Term Conversion Inclusion Date for the Additional Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Additional Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in any the Additional Project being operated in a manner inconsistent in any material respect with the Base Case Projections Projections, as amended or modified from time to time in accordance with Section 4.3(a)(ii), other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower applicable Project Company or (y) losses, costs or expenses to Borrower the applicable Project Company that are not material.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.)

Applicable Permits. (i) All Applicable Permits for each Initial Project set forth on the updated Schedule 3.10(c) required to have been obtained by the Obligors any Obligor or any Subsidiary by the Term Conversion Inclusion Date for the applicable Incremental Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Incremental Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, 121 KE 103372065 condition, limitation or other provision that could reasonably be expected to result in any the Incremental Project being operated in a manner inconsistent in any material respect with the Base Case Projections Projections, as amended or modified from time to time in accordance with Section 4.4(a)(ii), other than any inconsistency that could reasonably be expected to result in (x) gains to the Borrower applicable Project Company or (y) losses, costs or expenses to Borrower the applicable Project Company that are not material.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.)

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