Continuing Representations of Agent. All representations and warranties made in this Agreement, in the Lease, and in connection with the Interim Advance, are and remain true and correct in all material respects on and as of the date of the Interim Advance as if made on and as of the date of the Interim Advance (except to the extent such representations and warranties expressly relate specifically to an earlier date) and no Event of Default, Potential Default or, with respect to the Unit for which such Interim Advance is requested, Casualty Event, Event of Unit Termination or Potential Event of Unit Termination, under this Agreement has occurred and is continuing on the date such Interim Advance is to be made or by reason of giving effect to such Interim Advance.
Continuing Representations of Agent. All representations and warranties made in the Agreement, in the Lease, and in connection with this Final Advance are and remain true and correct in all material respects on and as of the date of the Final Advance (except to the extent such representations and warranties expressly relate specifically to an earlier date) and no Event of Default, Potential Default or, with respect to the Unit for which the Final Advance is requested, Event of Unit Termination or Casualty Event or Potential Event of Unit Termination under this Agreement has occurred and is continuing on the date such Final Advance is to be made or by reason of giving effect to such Final Advance.
Continuing Representations of Agent. All representations and warranties made in this Agreement, in the Lease, and in connection with the Completion Advance are and remain true and correct in all material respects on and as of the date of such Completion Advance (except to the extent such representations and warranties expressly relate specifically to an earlier date) as if made on and as of the date of such Completion Advance and no Event of Default, Potential Default or, with respect to the Unit for which such Completion Advance is requested, Casualty Event, Event of Unit Termination or Potential Event of Unit Termination under this Agreement has occurred and is continuing on the date such Completion Advance is to be made or by reason of giving effect to such Completion Advance.
Continuing Representations of Agent. All representations and warranties made in this Agreement, in the Lease, and in connection with the Completion Advance are and remain true and correct on and as of the date of the Completion Advance as if made on and as of the date of the Completion Advance (except to the extent such representations and warranties expressly relate specifically to an earlier date) and no Event of Default, Potential Default or, with respect to the Unit for which the Completion Advance is requested, Event of Unit Termination or Potential Event of Unit Termination under this Agreement has occurred and is continuing on the date such Completion Advance is to be made or by reason of giving effect to such Completion Advance; provided that, the foregoing condition that no Potential Default shall have occurred and be continuing shall be deemed met for purposes of obtaining the Completion Advance pursuant to this Section 7 notwithstanding the occurrence of an event which would be a Potential Default under Section 11.1(e) of this Agreement if the following conditions shall have been and continue to be met: (a) the Agent shall have advised the Owner of such event promptly after a Responsible Officer obtains knowledge, or would have obtained knowledge but for negligence of such Responsible Officer in performing the customary duties of his office, thereof and, (b) at all times during the first thirty (30) days following notice with respect to such event to Agent pursuant to Section 11.1(e) hereof, Agent shall have diligently and in good faith attempted to cure such Potential Default, and at all times thereafter the conditions set forth in the portions of Section 11.1(e) hereof enumerated (i), (ii) and (iii) shall be continuously met in Owner and any Assignee's reasonable judgment, (c) Guarantor's senior debt rating or, if Guarantor has no senior debt rating, Implied Senior Debt Rating shall continue to be BB+ or better by Duff & Xxxxxx, BB+ or better by S&P, Ba1 or better by Xxxxx'x or, if the Guarantor has no senior debt rating or Implied Senior Debt Rating from any of Duff & Xxxxxx, S&P or Xxxxx'x, NAIC 2 or better by the NAIC; provided, however, that if the Guarantor's private debt rating has not been reviewed by the NAIC within the prior 15 months, then when Xxxxxxx Xxxxx Fixed Income Research Rating is 5.5 or higher, and (d) Agent shall provide all information and reports reasonably requested by Owner and Assignee in order to monitor the satisfaction of such conditions.
Continuing Representations of Agent. All representations and warranties made in the Agreement, in the Lease, and in connection with this Completion Advance are and remain true and correct in all material respects on and as of the date of such Completion Advance (except to the extent such representations and warranties expressly relate specifically to an earlier date) and no Event of Default, Potential Default or, with respect to the Unit for which such Completion Advance is requested, Event of Unit Termination or Casualty Event or Potential Event of Unit Termination under this Agreement has occurred and is continuing on the date such Completion Advance is to be made or by reason of giving effect to such Completion Advance.
Continuing Representations of Agent. All representations and warranties made in this Agreement, in the Lease, and in connection with the Final Advance are to remain true and correct in all material respects on and as of the date of the Final Advance (except to the extent such representations and warranties expressly relate specifically to an earlier date) as if made on and as of the date of the Final Advance and no Event of Default, Potential Default or, with respect to the Unit for which the Final Advance is requested, Casualty Event, Event of Unit Termination or Potential Event of Unit Termination, under this Agreement has occurred and is continuing on the date such Final Advance is to be made or by reason of giving effect to such Final Advance.
Continuing Representations of Agent. (a) All representations and warranties in the Agreement (other than the representation and warranty made in subsection 8.10 of the Agreement), in the Lease (other than the representation and warranty made in paragraph (i)(f) of Section 2 of the Lease) and in connection with this Interim Advance are and remain true and correct in all material respects on and as of the date of this Interim Advance as if made on and as of the date of this Interim Advance and (b) no Event of Loss, Termination Event, Event of Default, Potential Default, default under a Project Contract, a Construction Document, the Guaranty, or the Pledge Agreement, or Event of Project Termination or Potential Event of Project Termination under the Agreement has occurred and is continuing on the date this Interim Advance is to be made or will exist by reason of giving effect to this Interim Advance.
Continuing Representations of Agent. (i) All representations and warranties in this Agreement (other than the representation and warranty made in subsection 8.10 hereof), in the Lease (other than the representation and warranty made in paragraph (i)(f) of Section 2 of the Lease), and in connection with the Final Advance are and remain true and correct in all material respects on and as of the date of the Final Advance as if made on and as of the date of the Final Advance and (ii) no Event of Loss, Termination Event, Event of Default, Potential Default, default under a Project Contract, a Construction Document, the Guaranty or the Pledge Agreement, or Event of Project Termination or Potential Event of Project Termination under this Agreement has occurred and is continuing on the date such Final Advance is to be made or will exist by reason of giving effect to such Final Advance.
Continuing Representations of Agent. All representations and warranties in this Agreement (other than the representation and warranty made in subsection 8.10 hereof), in the Lease (other than the representation and warranty made in paragraph (i)(f) of Section 2 of the Lease), and in connection with the Completion Advance are and remain true and correct in all material respects on and as of the date of the Completion Advance as if made on and as of the date of the Completion Advance and no Event of Loss, Termination Event, Event of Default, Potential Default, default under a Project Contract, a Construction Document, the Guaranty or the Pledge Agreement, or Event of Project Termination or Potential Event of Project Termination under this Agreement, or Event of Default or Potential Default (as each such term is defined in the Lease) has occurred and is continuing on the date the Completion Advance is to be made or will exist by reason of giving effect to the Completion Advance.
Continuing Representations of Agent. All representations and warranties made in this Agreement, in the Lease, and in connection with the Completion Advance are and remain true and correct in all material respects on and as of the date of such Completion Advance (except to the extent such representations and warranties expressly relate specifically to an earlier date) as if made on and as of the date of such Completion Advance and no Event of Default, Potential Default or, with
