Black Mass Feedstock Sample Clauses

Black Mass Feedstock. (i) If the Requested Advance Date is prior to Final Completion, DOE shall have received an officer’s certificate from a Responsible Officer of the Borrower (and, if requested by XXX, confirmed by the Independent Engineer) attaching a plan that demonstrates Black Mass feedstock from the combined production by Covered Spokes will be available in the quantities and quality specifications as planned and informed pursuant to Section 5.02(e) (Production Capacity) to satisfy the production requirements of the Project as projected in the most recently Updated Base Case Financial Model, it being understood that this condition is not intended to limit HubCo’s ability to actually source Black Mass from Affiliates (other than SpokeCo) or third parties instead of fully using Covered Spoke’s capacity, in each case subject to compliance with the covenants hereunder. (ii) If the Requested Advance Date is after Final Completion, DOE shall have received an officer’s certificate from a Responsible Officer of the Borrower (and, if requested by DOE, confirmed by the Independent Engineer) to the effect that Black Mass feedstock from the combined production by Covered Spokes is available in the quantities and quality specifications as planned and informed pursuant to Section 5.02(e) (Production Capacity) to satisfy the production requirements of the Project as projected in the most recently Updated Base Case Financial Model, it being understood that this condition is not intended to limit to HubCo’s ability to actually source Black Mass from its Affiliates (other than SpokeCo) or third parties instead of fully using Covered Spoke’s capacity, in each case subject to compliance with the covenants hereunder.
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