Common use of Conditions Precedent for the Concessionaire Clause in Contracts

Conditions Precedent for the Concessionaire. 4.4.1. The Conditions Precedent required to be satisfied bythe Concessionaire within a period of [180 (one hundred and eighty)] days from the Execution date,and the Conditions Precedent required to be satisfied by the Concessionaire shall be deemed to have been fulfilled when the Concessionaire shall have: a) Provided Construction Performance Security to the ULB; b) procured all the Applicable Permits specified in Schedule 2 unconditionally and if subject to conditions, all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effect; c) executed the Financing Agreements and delivered to the ULB 3 (three) true copies thereof, duly attested by a Director/CFO/CS of the Concessionaire; d) delivered to the ULB, 3 (three) true copies of the Financial Package and the Financial Model, duly attested by a Director/CFO/CS of the Concessionaire, along with a soft copy of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Lenders; e) delivered to the ULB a confirmation from the Selected Bidder/each of the Consortium member, in original, of the correctness of their representations and Warranties set forth in Clause 7.1(m), Clause 7.1(n)and Clause 7.1(o). f) Executed and procured execution of the Escrow Agreement with the Authority / ULB, and the Escrow Bank in accordance with Article 26; g) Provided proof of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire h) Executed and procured execution of Substitution Agreement with the Authority and the Lenders in the agreed form set out in Schedule 18; i) Taken over vacant and unencumbered possession of all the Site(s). from the Authority; j) Delivered to the ULB the Operations Plan as per Schedule11; k) delivered to the ULB a legal opinion from the legal counsel of the Concessionaire with respect to the authority of the Concessionaire to enter into this Agreement and the enforceability of the provisions thereof: l) Provided that upon request in writing by the Concessionaire, the ULB may, in its discretion, waive any of the Conditions Precedent set forth in this Clause 4.4. For the avoidance of doubt, the ULB may, in its sole discretion, grant any waiver hereunder with such conditions as it may deem fit.

Conditions Precedent for the Concessionaire. 4.4.1. 4.1.3.1 The Conditions Precedent required to be satisfied bythe Concessionaire within a period of [180 (one hundred and eighty)] days from the Execution date,and the Conditions Precedent required to be satisfied by the Concessionaire prior to the Appointed Date (“Concessionaire Conditions Precedent”) shall be deemed to have been fulfilled when the Concessionaire shall have: a) Provided Construction provided the Performance Security to the ULBAuthority; b) prepared and submitted the Implementation Report to the Authority and got the same reviewed & approved in accordance terms of this Agreement; c) executed and procured execution of the Substitution Agreement; d) executed and procured execution of the Escrow Agreement; e) procured all the Applicable Permits specified in Schedule 2 Schedule-B unconditionally and or if subject to conditions, conditions then all such conditions required to be fulfilled by the date specified therein shall have been satisfied in full and such Applicable Permits are in full force and effect; cf) executed Set up the Financing Agreements required Affixing Stations in the NCT of Delhi and so informed the Authority; g) Submit to the Authority, copies (certified as true copies by a Director or Company Secretary of the Concessionaire) of all resolutions adopted by the Board of Directors of the Concessionaire authorizing the execution, delivery and performance by the Concessionaire of this Agreement; h) achieved Financial Closure and delivered to the ULB Authority 3 (three) notarized true copies of the executed Financing Agreements thereof, duly attested by a Director/CFO/CS Director of the Concessionaire; di) delivered Delivered to the ULB, 3 Authority 2 (threetwo) true copies of the Financial Package and the Financial Model, duly attested by a Director/CFO/CS Director of the Concessionaire, along with a 2 (two) soft copy copies of the Financial Model in MS Excel version or any substitute thereof, which is acceptable to the Senior Lenders; ej) delivered Delivered to the ULB a Authority from [the Consortium Members, their respective] confirmation from the Selected Bidder/each in original, of the Consortium membercorrectness of their representations and warranties, in original, of the correctness of their representations and Warranties warranties set forth in Clause 7.1(mSub-clauses (k), Clause 7.1(n)and Clause 7.1(o(l). f) Executed and procured execution of the Escrow Agreement with the Authority / ULB, and the Escrow Bank in accordance with Article 26;(m) of clause 7.1 of this Agreement; and g) Provided proof of its shareholding pattern, evidenced by certificates from the authorised signatory of the Concessionaire h) Executed and procured execution of Substitution Agreement with the Authority and the Lenders in the agreed form set out in Schedule 18; i) Taken over vacant and unencumbered possession of all the Site(s). from the Authority; jk) Delivered to the ULB the Operations Plan as per Schedule11; k) delivered to the ULB Authority a legal opinion from the legal counsel of the Concessionaire with respect to the authority Authority of the Concessionaire to enter into this Agreement and the enforceability of the provisions thereof: l) Provided that upon request in writing by the Concessionaire, the ULB may, in its discretion, waive any of the Conditions Precedent set forth in this Clause 4.4. For the avoidance of doubt, the ULB may, in its sole discretion, grant any waiver hereunder with such conditions as it may deem fit.