Common use of Borrower’s Certifications Clause in Contracts

Borrower’s Certifications. The Administrative Agent shall have received a duly executed certificate of an Authorized Officer of each Loan Party certifying that: (i) such Loan Party is in compliance with all applicable conditions set forth in this Section 6.02 and all other applicable conditions in this Article VI on and as of the proposed Borrowing Date, before and after giving effect to the consummation of the transactions contemplated on the Closing Date or such Borrowing including the application of the proceeds therefrom; (ii) all representations and warranties made by any Loan Party in this Agreement and each of the Financing Documents to which it is a party are true and correct in all material respects (other than representations and warranties that are qualified by Material Adverse Effect or materiality, which shall be true and correct in all respects) on and as of such Borrowing Date (except with respect to representations and warranties that expressly refer to an earlier date), before and after giving effect to such Borrowing and to the application of the proceeds therefrom; (iii) no Default or Event of Default has occurred and is continuing, or would result from such Borrowing; (iv) no “Default” or “Event of Default”, as each such term is defined in the Term Loan Definitions, has occurred and is continuing, or would result from such Borrowing; and (v) since the Closing Date, there has been no event or occurrence that has had, or would reasonably be expected to have, a Material Adverse Effect.

Borrower’s Certifications. The Administrative Agent shall have received a duly executed certificate of an Authorized Officer of each Loan Party the Borrower certifying that: (i) such Loan Party the Borrower is in compliance with all applicable conditions set forth in this Section 6.02 6.05 and all other applicable conditions in this Article VI on and as of the proposed Borrowing Funding Date and/or Proposed Letter of Credit Issuance Date, before and after giving effect to the consummation of the transactions contemplated on the Closing Date or such Borrowing including (x) Funding and to the application of the proceeds therefromtherefrom and/or (y) Letter of Credit issuance; (ii) all representations and warranties made by any Loan Party the Borrower in this Agreement and each of the Financing Documents to which it is a party are true and correct in all material respects (other than representations and warranties that are qualified by Material Adverse Effect or materiality, which shall be true and correct in all respects) on and as of such Borrowing Funding Date and/or Proposed Letter of Credit Issuance Date (except with respect to representations and warranties that expressly refer to an earlier date), before and after giving effect to such Borrowing (x) Funding and to the application of the proceeds therefromtherefrom and/or (y) Letter of Credit issuance; (iii) no Default or Event of Default has occurred and is continuing, or would result from such BorrowingFunding and/or Letter of Credit issuance; (iv) no “Default” or “Event of Default”since April 13, as each such term is defined in the Term Loan Definitions, has occurred and is continuing, or would result from such Borrowing; and (v) since the Closing Date2007, there has been no event or occurrence that has had, or would reasonably be expected to have, a Material Adverse Effect; and (v) the Borrower has no reason to believe that the Commercial Operation Date will not occur on or prior to the Conversion Date Certain.

Borrower’s Certifications. The Administrative Agent shall have received a duly executed certificate By its execution of an Authorized Officer of each Loan Party certifying this Agreement, the Borrower hereby certifies that: (i) such Loan Party is in compliance with all applicable conditions set forth in this Section 6.02 and all other applicable conditions in this Article VI on and , as of the proposed Borrowing Date, date hereof: i. no Default or Event of Default exists before and or after giving effect to the consummation proposed Borrowing of [Incremental Revolving Credit Loans][Series [__] Incremental Term Loans] contemplated hereby and the extensions of credit, if any, to be made on the date hereof; [3] [2] Insert bracketed language if the lending institution is not already a Lender. [3] In the case of Incremental Term Loans incurred to finance a Permitted Acquisition, this clause shall be limitedmay be waived or limited as agreed in the Joinder Agreement between the Borrower and the applicable Incremental Term Loan Lenders; in the case of the transactions contemplated on Pending Acquisition Incremental Term Loans, this clause shall be deleted. ii. the Closing Date or such Borrowing including the application of the proceeds therefrom; (ii) all representations and warranties made by any of the Borrower and each other Loan Party contained in this Agreement and each Article V of the Financing Documents to which it is a party Credit Agreement are true and correct in all material respects (other than representations except that any representation and warranties warranty that are is qualified by as to “materiality,” “Material Adverse Effect Effect” or materiality, which similar language shall be true and correct after giving effect to any qualification therein), except in all respects) on and as of each case to the extent that such Borrowing Date (except with respect to representations and warranties that expressly specifically refer to an earlier date), before in which case they are true and after giving effect to correct as of such Borrowing and to the application of the proceeds therefrom; (iii) no Default or Event of Default has occurred and is continuing, or would result from such Borrowing; (iv) no “Default” or “Event of Default”, as each such term is defined in the Term Loan Definitions, has occurred and is continuing, or would result from such Borrowingearlier date; and (v) since the Closing Date, there has been no event or occurrence that has had, or would reasonably be expected to have, a Material Adverse Effect.[4]

Borrower’s Certifications. The Administrative Agent shall have received a duly executed certificate of an Authorized Officer of each Loan Party the Borrowers’ Agent certifying that: (i) such Loan Party is the Borrowers are in compliance with all applicable conditions set forth in this Section 6.02 and all other applicable conditions in this Article VI 6.05 on and as of the proposed Borrowing Date, before and after giving effect to the consummation of the transactions contemplated on the Closing Date or such Borrowing including and to the application of the proceeds therefrom; (ii) all representations and warranties made by any Loan Party it in this Agreement and each of the Financing Documents to which it is a party are true and correct in all material respects (other than representations and warranties that are qualified by Material Adverse Effect or materiality, which shall be true and correct in all respects) on and as of such Borrowing Date (except with respect to representations and warranties that expressly refer to an earlier date), before and after giving effect to such Borrowing and to the application of the proceeds therefrom; (iii) no Default or Event of Default has occurred and is continuing, or would result from such Borrowing; (iv) no “Default” or “Event of Default”, as each such term is defined in the Term Loan Definitions, force majeure has occurred and is continuing, or would result from such Borrowing; andunder any Project Document; (v) since the Closing Datedate hereof, there has been no event or occurrence that has had, or would reasonably be expected to have, a Material Adverse Effect; and (vi) each Borrower has no reason to believe that either the Final Completion for each Plant will not occur on or prior to the Guaranteed Final Completion Date for such Plant or that Substantial Completion will not occur on or prior to the Guaranteed Substantial Completion Date for such Plant.

Borrower’s Certifications. The Administrative By its execution of this New Lender Supplement, the Borrowers’ Agent hereby certifies that, upon the effectiveness of the Proposed [Incremental Term Loan] [New Revolving Commitment], (1) no Default or Event of Default shall have received occurred and is continuing or shall result therefrom; (2) on a duly executed certificate of an Authorized Officer of each Loan Party certifying that: (i) such Loan Party is in compliance with all applicable conditions set forth in this Section 6.02 and all other applicable conditions in this Article VI on and as of the proposed Borrowing Date, before and Pro Forma Basis after giving effect to the consummation incurrence of the transactions contemplated on Proposed [Incremental Term Loan] [New Revolving Commitment (assuming the Closing Date or full drawing thereunder and, without duplication, after giving effect to (x) the borrowing of any Revolving Loans under such Borrowing including Proposed New Revolving Commitment, (y) other permitted pro forma adjustment events and (z) any permanent repayment of Indebtedness after the application beginning of the proceeds therefrom; relevant determination period but prior to or simultaneous with such borrowing)], the Borrower is in compliance with the financial covenants in Section 7.1 of the Credit Agreement; and (ii3) all upon the effectiveness of the Proposed [Incremental Term Loan] [New Revolving Commitment], each of the representations and warranties made by any Loan Party in this Agreement and each of or pursuant to the Financing Loan Documents to which it is a party are true and correct in all material respects (other than except to the extent (i) any such representations and warranties that are qualified relate, by Material Adverse Effect or materialitytheir terms, to a specific date, in which case such representations and warranties shall be true and correct in all respects) material respects on and as of such Borrowing Date specific date and (except with respect to ii) any such representations and warranties that expressly refer to an earlier dateare qualified by materiality, in which case such representations and warranties are true and correct in all respects), before and after giving effect to such Borrowing and to the application of the proceeds therefrom; (iii) no Default or Event of Default has occurred and is continuing, or would result from such Borrowing; (iv) no “Default” or “Event of Default”, as each such term is defined in the Term Loan Definitions, has occurred and is continuing, or would result from such Borrowing; and (v) since the Closing Date, there has been no event or occurrence that has had, or would reasonably be expected to have, a Material Adverse Effect.

Borrower’s Certifications. The Administrative Agent shall have received a duly executed certificate of an Authorized Officer of each Loan Party the Borrower certifying that: (i) such Loan Party the Borrower is in compliance with all applicable conditions set forth in this Section 6.02 6.05 and all other applicable conditions in this Article ARTICLE VI on and as of the proposed Borrowing Funding Date, before and after giving effect to the consummation of the transactions contemplated on the Closing Date or such Borrowing including Funding and to the application of the proceeds therefrom; (ii) all representations and warranties made by any Loan Party the Borrower and the Pledgor in this Agreement and each of the Financing Documents to which it is a party are true and correct in all material respects (other than representations or, in the case of any representation and warranties that are qualified by Material Adverse Effect or materialitywarranty containing any materiality qualification, which shall be true and correct in all respects) on and as of such Borrowing Funding Date (except with respect to representations and warranties that expressly refer to an earlier date), before and after giving effect to such Borrowing Funding and to the application of the proceeds therefrom; (iii) no Default or Event of Default has occurred and is continuing, or would result from such BorrowingFunding; (iv) no “Default” or “Event of Default”, as each such term is defined in the Term Loan Definitions, has occurred and is continuing, or would result from such Borrowing; and (v) since the Closing Datedate of formation of the Borrower, there has been no event or occurrence that has had, or would reasonably be expected to have, a Material Adverse Effect; and (v) the Borrower has no reason to believe that the Final Completion Date will not occur on or prior to the Conversion Date Certain.