Delivery of Project Documents. To its best knowledge, Sun-Ex has delivered or made available to Solar Cell Owners copies of all material documents in its possession with respect to the construction, installation, financing, ownership, leasing, maintenance and operation of the Project and the factual statements contained in such documents, taken as a whole, are not materially misleading in light of the circumstances under which they are made, and Sun-Ex acknowledges that Solar Cell Owners have relied upon all such documents in connection with its decision to enter into the transactions contemplated by this Cell Owner Agreement;
Delivery of Project Documents. 9 5.2 Due Diligence Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5.3
Delivery of Project Documents. Buyer acknowledges receipt of copies of the following documents relating to the Property ("Project Documents"):
(a) Declaration of Covenants, Conditions and Restrictions for Torrxx Xxxxx Xxxence Center (Unit 2) dated June 22, 1994, and recorded on June 27, 1994 as File No. 1994-0405385 of the Official Records of San Diego County, California ("CC&Rs");
(b) Articles of Incorporation and Bylaws of Torrxx Xxxxx Xxxence Center Association for Unit 2;
(c) Declaration of Restrictions and Maintenance Agreement executed by Chevron and recorded on February 15, 1990 as File No. 90-086015 of the Official Records of San Diego County, California;
(d) Planned Industrial Development Permit No. 86-0884 and Planning Director Resolution No. 7658, dated September 26, 1988, as amended to incorporate the conditions of approval of Coastal Development Permit No. 6-88-504, and including a copy of the City regulations for the SR Zone;
Delivery of Project Documents. The Administrative Agent shall have received true, correct and complete copies of (i) each Project Document in effect as of the Closing Date, each of which shall be in form and substance reasonably satisfactory to the Administrative Agent and the Independent Engineer and (ii) each Subordinated Debt Agreement, if any, in effect as of the Closing Date which, in the case of each of Sections 6.01(b)(i) and (ii), has been duly authorized, executed and delivered by the parties thereto and is in full force and effect, and (iii) a copy of each other agreement identified on Schedule 5.11-A reasonably requested by the Administrative Agent.
Delivery of Project Documents. The Seller shall within five ----------------------------- (5) days of the Effective Date deliver to the District any and all documents and information related to the Property ("Project Documents"), including any environmental reports on the Property or any other property owned or controlled by Seller in the vicinity. During the Feasibility Review Period, the District shall review and analyze the Project Documents to determine their individual and collective impact on the Property and its development by the District.
Delivery of Project Documents. Each of Project Co and HMQ shall deliver to the other all Project Documents to which it is a party contemporaneously with the execution and delivery of this Agreement by such party. Each of the Ancillary Documents and Senior Financing Agreements shall be in form and substance satisfactory to HMQ, acting reasonably.
Delivery of Project Documents. Within three (3) Business Days following Mortgage Borrower’s receipt of each of (a) the final Construction Schedule, (b) the final Plans and Specifications, (c) the final Project Cost Budget, (d) the Preliminary Project Report, (e) each Disbursement Schedule, and (f) any change order, Borrower shall furnish or cause to be furnished to Lender a true, correct and complete copy thereof.
Delivery of Project Documents. Each Bank has received a complete copy of each Project Document (including all exhibits, schedules and disclosure letters referred to therein or delivered pursuant thereto, if any, and all amendments thereto). Except for the assignment of the Project Documents to the Partnership and the amendments thereof pursuant to the Assumption and Modification Agreement and the agreements attached as exhibits thereto, and except for amendments consented to in writing by the Banks, as of the Effective Date none of the Project Documents has been amended, modified or terminated. All of the Project Documents are in full force and effect.
Delivery of Project Documents. The Agent has received a true and complete copy of each Project Document (including all exhibits, schedules and disclosure letters referred to therein or delivered pursuant thereto, if any, and any and all amendments or modifications thereto). Except as permitted pursuant to Section 9.06 hereof, none of the Project Documents has been amended, modified or terminated, and all of the Project Documents are in full force and effect. Except for the Project Documents, the Financing Documents and the other agreements listed in Schedule III hereto, the Company is not a party to any contract, indenture, mortgage, instrument or other agreement that (a) evidences or secures Debt of the Company or any Affiliate of the Company in each case having a principal amount (contingent or otherwise) that exceeds $2,000,000 or (b) exceeds $2,000,000 per annum in value (“value” being defined as the greater of (i) amounts payable by the Company thereunder in any calendar year or (ii) the value of the goods and services (including, without limitation, any cash) received by the Company thereunder in any calendar year (as reasonably determined by the Company)).
Delivery of Project Documents. (i) The Administrative Agent shall have received true, correct and complete copies of each Project Document (other than Additional Material Project Documents that have not yet been executed and those Project Documents listed on Schedule 5.11-B that are not required to be executed as of the date of the initial Borrowing Notice), the Management Services Agreement and of any Additional Project Document (if any Additional Project Documents have been executed), each in form and substance reasonably satisfactory to each Lender and each of which has been duly authorized, executed and delivered by the parties thereto and is in full force and effect.
(ii) The Administrative Agent shall have received a disclosure schedule (the “Contract Disclosure List”), certified as true, complete and correct by an Authorized Officer of each Borrower, setting forth all contracts, agreements, instruments or other documents (other than those set forth on Schedule 5.11-A) to which any Borrower is a party, together with a true, correct and complete copy of each such contract requested by the Administrative Agent which, if requested, shall be in form and substance reasonably satisfactory to the Lenders.
