Conditions Precedent to the Obligations of a Seller. The obligations of a Seller to consummate the Purchase of each Project comprising a Tranche shall be subject to the satisfaction by Purchaser of each of the following conditions precedent for such Project: (a) Each of the representations and warranties of Purchaser in Section 3.2 that is qualified as to materiality or by Material Adverse Change shall be true and correct, and such representations that are not so qualified shall be true and correct in all material respects, in each case as of the relevant Purchase Date; (b) All consents, approvals and filings then required to be obtained or made by Purchaser to execute, deliver and perform the Transaction Documents to which it is a party shall have been obtained or made and shall be in full force and effect as of the relevant Purchase Date; *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission. (c) Purchaser has executed and delivered the Xxxx of Sale; and (d) The Tax Credits are in effect and are reasonably expected to remain in effect as of the anticipated Placed in Service Date for the PV System for such Project.
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Samples: Development, Epc and Purchase Agreement (Vivint Solar, Inc.), Development, Epc and Purchase Agreement (Vivint Solar, Inc.), Development, Epc and Purchase Agreement (Vivint Solar, Inc.)
Conditions Precedent to the Obligations of a Seller. The obligations of a Seller to consummate the Purchase of each Project comprising a Tranche shall be subject to the satisfaction by Purchaser of each of the following conditions precedent for such Project:
(a) Each of the representations and warranties of Purchaser in Section 3.2 that is qualified as to materiality or by Material Adverse Change shall be true and correct, and such representations that are not so qualified shall be true and correct in all material respects, in each case as of the relevant Purchase Date;
(b) All consents, approvals and filings then required to be obtained or made by Purchaser to execute, deliver and perform the Transaction Documents to which it is a party shall have been obtained or made and shall be in full force and effect as of the relevant Purchase Date; *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.. Development, EPC and Purchase Agreement
(c) Purchaser has executed and delivered the Xxxx of Sale; and
(d) The Tax Credits are in effect and are reasonably expected to remain in effect as of the anticipated Placed in Service Date for the PV System for such Project.
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