Common use of Covenants of Seller to Provide Quarterly Attestations Clause in Contracts

Covenants of Seller to Provide Quarterly Attestations. Seller shall provide to Buyers’ Agent on January 1, April 1, July 1 and October 1 of each Contract Year a certificate executed by an authorized officer of Seller certifying that the representations and warranties set forth in Section 11.2 of this Agreement remain true and correct as of the date of such certificate, and that there exists no event of default by Seller or any event that, after notice or with the passage of time or both, would constitute a Default hereunder; provided, that (i) with respect to any attestation with respect to the representation and warranty set forth in Section 11.2(f), Seller may include a disclosure schedule with any such attestation in order to make such representation true and (ii) with respect to any attestation as to any representation and warranty set forth in Section 11.2(h), Seller may update such attestation and Section 11.2(h) in order to account for any mergers, transfers, consolidations, assignments, restructurings, or similar transactions to the extent that such transactions either (A) do not constitute a Change of Control or (B) have been consented to by Buyers.

Appears in 3 contracts

Samples: Sb 859 Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

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Covenants of Seller to Provide Quarterly Attestations. Seller shall provide to Buyers’ Agent on January 1, April 1, July 1 and October 1 of each Contract Year a certificate executed by an authorized officer of Seller certifying that the representations and warranties set forth in Section 11.2 12.2 of this Agreement remain true and correct as of the date of such certificate, and that there exists no event of default by Seller or any event that, after notice or with the passage of time or both, would constitute a Default hereunder; provided, that (i) with respect to any attestation with respect to the representation and warranty set forth in Section 11.2(f12.2(f), Seller may include a disclosure schedule with any such attestation in order to make such representation true and (ii) with respect to any attestation as to any representation and warranty set forth in Section 11.2(h12.2(h), Seller may update such attestation and Section 11.2(hSchedule 12.2(h) in order to account for any mergers, transfers, consolidations, assignments, restructurings, or similar transactions to the extent that such transactions either (A) do not constitute a Change of Control or (B) have been consented to by Buyers.

Appears in 1 contract

Samples: Power Purchase Agreement

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