Common use of Conditions Precedent to be satisfied by the Concessionaire Clause in Contracts

Conditions Precedent to be satisfied by the Concessionaire. The Concessionaire shall satisfy the following Conditions Precedent (if not already fulfilled on the Appointed Date): (a) submit the Phase I Designs and Drawings to the Executive Agency for its approval in accordance with Clause 7.2; (b) prepare the Construction Plan within 30 days from the Appointed Date and submit the Construction Plan to the Executive Agency for its approval in accordance with Clause 7.3; (c) prepare the ESHS Documents within 45 days from the Appointed Date and submit the ESHS Documents to the Executive Agency for its approval in accordance with Clause 7.4; (d) obtain all Concessionaire Applicable Permits that are required for achieving Financial Close and for commencement of construction of the Facilities at its own cost and expense and if such Concessionaire Applicable Permits are subject to any conditions, then, to the extent relevant, comply with all such conditions, such that the Concessionaire Applicable Permits are and shall be kept in full force and effect for the entire Construction Period, or such longer period as may be required under Applicable Laws; (e) execute and provide a copy to the Executive Agency of the technology license agreement(s) executed with the Selected Bidder or the third party technology supplier for setting up the Farrukhabad-Fatehgarh STPs; (f) submit to the Executive Agency certified true copies of all resolutions adopted by the board of directors of the Concessionaire authorising execution, delivery and performance of this Agreement, Substitution Agreement and the Escrow Agreement by the Concessionaire; (g) execute the Substitution Agreement with the Executive Agency, NMCG and the Lenders in the agreed form set out at Schedule 2; (h) achieve Financial Close and submit a copy of the Financing Documents and the Financial Package to the Executive Agency, duly certified by a director of the Concessionaire; (i) [execute a shareholders' agreement amongst the shareholders of the Concessionaire, and deliver to the Executive Agency a certified true copy of the shareholders' agreement (attested by a director of the Concessionaire);]5 (j) execute the Escrow Agreement with the Executive Agency, NMCG, and the Escrow Bank in the agreed form set out at Schedule 3; (k) submit to the Executive Agency certified true copies of the constitutional documents of the Concessionaire; (l) submit to the Executive Agency a legal opinion stating that: (i) this Agreement, the Substitution Agreement and the Escrow Agreement have been duly executed and are legally valid, binding and enforceable in accordance with their terms against the Concessionaire; and (ii) all actions, conditions and things required by Applicable Laws to be taken, fulfilled and done (including the obtaining of any necessary Concessionaire Applicable Permits and resolutions of the board of directors) in order for the Concessionaire to enter into and comply with its obligations under this Agreement, the Substitution Agreement and the Escrow Agreement have been taken, fulfilled or done; (m) if [a Member/the Selected Bidder]6 has submitted unaudited annual accounts along with the Bid, the Concessionaire shall submit to the Executive Agency, within 60 days of the Appointed Date: (i) a certified copy of [such Member's/the Selected Bidder's]7 duly audited balance sheet, annual report and profit and loss account for the latest Financial Year occurring prior to the Bid Due Date; and

Conditions Precedent to be satisfied by the Concessionaire. The Concessionaire shall satisfy the following Conditions Precedent (if not already fulfilled on the Appointed Date): (a) ): submit the Phase I Designs and Drawings to the Executive Agency Jal Xxxxx for its approval in accordance with Clause 7.2; (b) ; prepare the Construction Plan within 30 days from the Appointed Date and submit the Construction Plan to the Executive Agency Jal Xxxxx for its approval in accordance with Clause 7.3; (c) ; prepare the ESHS Documents EHS Plan within 45 days from the Appointed Date and submit the ESHS Documents EHS Plan to the Executive Agency Jal Xxxxx for its approval in accordance with Clause 7.4; (d) ; obtain all Concessionaire Applicable Permits that are required for achieving Financial Close and for commencement of construction of the Facilities at its own cost and expense and if such Concessionaire Applicable Permits are subject to any conditions, then, to the extent relevant, comply with all such conditions, such that the Concessionaire Applicable Permits are and shall be kept in full force and effect for the entire Construction Period, or such longer period as may be required under Applicable Laws; (e) ; execute and provide a copy to the Executive Agency Jal Xxxxx of the technology license agreement(s) executed with the Selected Bidder or the third party technology supplier for setting up the Farrukhabad-Fatehgarh Haridwar STPs; (f) ; submit to the Executive Agency Jal Xxxxx certified true copies of all resolutions adopted by the board of directors of the Concessionaire authorising execution, delivery and performance of this Agreement, Substitution Agreement and the Escrow Agreement by the Concessionaire; (g) ; execute the Substitution Agreement with the Executive AgencyJal Xxxxx, NMCG and the Lenders in the agreed form set out at Schedule 2; (h) ; achieve Financial Close and submit a copy of the Financing Documents and the Financial Package to the Executive AgencyJal Xxxxx, duly certified by a director of the Concessionaire; (i) [execute a shareholders' agreement amongst the shareholders of the Concessionaire, and deliver to the Executive Agency a certified true copy of the shareholders' agreement (attested by a director of the Concessionaire);]5 (j) ; execute the Escrow Agreement with the Executive AgencyJal Xxxxx, NMCG, and the Escrow Bank in the agreed form set out at Schedule 3; (k) ; submit to the Executive Agency Jal Xxxxx certified true copies of the constitutional documents of the Concessionaire; (l) ; submit to the Executive Agency Jal Xxxxx a legal opinion stating that: (i) this Agreement, the Substitution Agreement and the Escrow Agreement have been duly executed and are legally valid, binding and enforceable in accordance with their terms against the Concessionaire; and (ii) all actions, conditions and things required by Applicable Laws to be taken, fulfilled and done (including the obtaining of any necessary Concessionaire Applicable Permits and resolutions of the board of directors) in order for the Concessionaire to enter into and comply with its obligations under this Agreement, the Substitution Agreement and the Escrow Agreement have been taken, fulfilled or done; (m) ; if [a Member/the Selected Bidder]6 Bidder has submitted unaudited annual accounts along with the Bid, the Concessionaire shall submit to the Executive AgencyJal Xxxxx, within 60 days of the Appointed Date: (i) a certified copy of [such Member's/the Selected Bidder's]7 Bidder's duly audited balance sheet, annual report and profit and loss account for the latest Financial Year occurring prior to the Bid Due Date; andand (ii) certificate(s) issued by the statutory auditor(s) stating that the Selected Bidder continues to meet the Financial Capacity specified in the RFP; and submit to the Jal Xxxxx a certificate, duly attested by a director, certifying the shareholding pattern of the Concessionaire.

Conditions Precedent to be satisfied by the Concessionaire. The Concessionaire shall satisfy the following Conditions Precedent (if not already fulfilled on the Appointed Date): (a) prepare the Designs and Drawings within 45 days from the Appointed Date and submit the Phase I Designs and Drawings to the Executive Agency Jal Xxxxx for its approval in accordance with Clause 7.2; (b) prepare the Construction Plan within 30 45 days from the Appointed Date and submit the Construction Plan to the Executive Agency Jal Xxxxx for its approval in accordance with Clause 7.3; (c) prepare the ESHS Documents EHS Plan within 45 days from the Appointed Date and submit the ESHS Documents EHS Plan to the Executive Agency Jal Xxxxx for its approval in accordance with Clause 7.4; (d) obtain all Concessionaire Applicable Permits that are required for achieving Financial Close and for commencement of construction of the Facilities and rehabilitation of the Associated Infrastructure at its own cost and expense and if such Concessionaire Applicable Permits are subject to any conditions, then, to the extent relevant, comply with all such conditions, such that the Concessionaire Applicable Permits are and shall be kept in full force and effect for the entire Construction Period, or such longer period as may be required under Applicable Laws; (e) execute and provide a copy to the Executive Agency Jal Xxxxx of the technology license agreement(s) agreement executed with the Selected Bidder or the third party technology supplier for setting up the Farrukhabad-Fatehgarh STPsVaranasi STP; (f) submit to the Executive Agency Jal Xxxxx certified true copies of all resolutions adopted by the board of directors of the Concessionaire authorising execution, delivery and performance of this Agreement, Substitution Agreement and the Escrow Agreement by the Concessionaire; (g) execute the Substitution Agreement with the Executive AgencyJal Xxxxx, NMCG and the Lenders in the agreed form set out at Schedule 2; (h) achieve Financial Close and submit a copy of the Financing Documents and the Financial Package to the Executive AgencyJal Xxxxx, duly certified by a director of the Concessionaire; (i) [execute a shareholders' agreement amongst the shareholders of the Concessionaire, and deliver to the Executive Agency Jal Xxxxx a certified true copy of the shareholders' agreement (attested by a director of the Concessionaire);]5 (j) execute the Escrow Agreement with the Executive AgencyJal Xxxxx, NMCG, and the Escrow Bank in the agreed form set out at Schedule 3; (k) submit to the Executive Agency Jal Xxxxx certified true copies of the constitutional documents of the Concessionaire;; 5 This Condition Precedent to be deleted if the Selected Bidder is not a Consortium. (l) submit to the Executive Agency Jal Xxxxx a legal opinion stating that: (i) this Agreement, the Substitution Agreement and the Escrow Agreement have been duly executed and are legally valid, binding and enforceable in accordance with their terms against the Concessionaire; and (ii) all actions, conditions and things required by Applicable Laws to be taken, fulfilled and done (including the obtaining of any necessary Concessionaire Applicable Permits and resolutions of the board of directors) in order for the Concessionaire to enter into and comply with its obligations under this Agreement, the Substitution Agreement and the Escrow Agreement have been taken, fulfilled or done; (m) if [a Member/the Selected Bidder]6 has submitted unaudited annual accounts along with the Bid, the Concessionaire shall submit to the Executive AgencyJal Xxxxx, within 60 days of the Appointed Date: (i) a certified copy of [such Member's/the Selected Bidder's]7 duly audited balance sheet, annual report and profit and loss account for the latest Financial Year occurring prior to the Bid Due Date; and (ii) certificate(s) issued by the statutory auditor(s) stating that the [Selected Bidder/ Member]8 continues to meet the Financial Capacity specified in the RFP; and (n) submit to the Jal Xxxxx a certificate, duly attested by a director, certifying the shareholding pattern of the Concessionaire.

Conditions Precedent to be satisfied by the Concessionaire. The Concessionaire shall satisfy the following Conditions Precedent (if not already fulfilled on the Appointed Date): (a) ): submit the Phase I Designs and Drawings to the Executive Agency BUIDCO for its approval in accordance with Clause 7.2; (b) ; prepare the Construction Plan within 30 days from the Appointed Date and submit the Construction Plan to the Executive Agency BUIDCO for its approval in accordance with Clause 7.3; (c) ; prepare the ESHS Documents within 45 90 days from the Appointed Date and submit the ESHS Documents to the Executive Agency BUIDCO for its approval in accordance with Clause 7.4; (d) ; obtain all Concessionaire Applicable Permits that are required for achieving Financial Close and for commencement of construction of the STP Facilities at its own cost and expense and if such Concessionaire Applicable Permits are subject to any conditions, then, to the extent relevant, comply with all such conditions, such that the Concessionaire Applicable Permits are and shall be kept in full force and effect for the entire Construction Period, or such longer period as may be required under Applicable Laws; (e) ; execute and provide a copy to the Executive Agency BUIDCO of the technology license agreement(s) executed with the Selected Bidder Bidder/a Member or the third party technology supplier for setting up the Farrukhabad-Fatehgarh Patna STPs; (f) ; submit to the Executive Agency BUIDCO certified true copies of all resolutions adopted by the board of directors of the Concessionaire authorising execution, delivery and performance of this Concession Agreement, Substitution Agreement and the Escrow Agreement by the Concessionaire; (g) ; execute the Substitution Agreement with the Executive AgencyBUIDCO, NMCG and the Lenders in the agreed form set out at Schedule 2; (h) ; achieve Financial Close and submit a copy of the Financing Documents and the Financial Package to the Executive AgencyBUIDCO, duly certified by a director of the Concessionaire; (i) ; [execute a shareholders' agreement amongst the shareholders of the Concessionaire, and deliver to the Executive Agency BUIDCO a certified true copy of the shareholders' agreement (attested by a director of the Concessionaire);]5 (j) Concessionaire);]5 execute the Escrow Agreement with the Executive AgencyBUIDCO, NMCG, and the Escrow Bank in the agreed form set out at Schedule 3; (k) ; submit to the Executive Agency BUIDCO certified true copies of the constitutional documents of the Concessionaire; (l) submit to the Executive Agency a legal opinion stating that: (i) this Agreement, the Substitution Agreement and the Escrow Agreement have been duly executed and are legally valid, binding and enforceable in accordance with their terms against the Concessionaire; and (ii) all actions, conditions and things required by Applicable Laws to be taken, fulfilled and done (including the obtaining of any necessary Concessionaire Applicable Permits and resolutions of the board of directors) in order for the Concessionaire to enter into and comply with its obligations under this Agreement, the Substitution Agreement and the Escrow Agreement have been taken, fulfilled or done; (m) if [a Member/the Selected Bidder]6 has submitted unaudited annual accounts along with the Bid, the Concessionaire shall submit to the Executive AgencyBUIDCO, within 60 days of the Appointed Date: (i) a certified copy of [such Member's/the Selected Bidder's]7 duly audited balance sheet, annual report and profit and loss account for the latest Financial Year occurring prior to the Bid Due Date; andand (ii) certificate(s) issued by the statutory auditor(s) stating that the [Selected Bidder/Member]8 continues to meet the Financial Capacity specified in the RFP; and submit to BUIDCO a certificate, duly attested by a director, certifying the shareholding pattern of the Concessionaire.