Common use of Establishment of Completion Date Clause in Contracts

Establishment of Completion Date. As soon as practicable after the completion of construction of the Project, the Company shall furnish to the Trustee a certificate signed by an Authorized Company Representative stating (i) that construction of the Project described in Exhibit A hereto (as revised and amended in accord with this Loan Agreement) has been completed, and (ii) any portion of the Project Costs which has not yet then been paid. Such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining in the Construction Fund on the date of such certificate may be used, at the written direction of an Authorized Company Representative for the payment, in accordance with the provisions of this Loan Agreement, of any Project Costs not then paid as specified in such certificate. The Company agrees that any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Project Costs shall be transferred or disbursed in accordance with Section 1.142-2 of the Regulations, or any successor thereto and that the Company shall give specific instructions to the Trustee as to the transfer or disbursement of such funds and certify that such transfer or disbursement complies with the provisions of Section 1.142-2 of the Regulations or any successor thereto at such time. The Company acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the first call date (with appropriate notice to the Internal Revenue Service), within 90 days of the earlier of (i) the date on which the Company determines that the Project will not be completed or (ii) the date on which the Project is Placed-in-Service (as defined in the Tax Agreement).

Establishment of Completion Date. As soon as practicable after (a) The Completion Date shall be evidenced to the completion Issuer and the Trustee by a certificate signed by a Company Representative stating that, except for amounts retained by the Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, (i) construction of the Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Project, and all costs and expenses incurred in the Company shall furnish to the Trustee a certificate signed by an Authorized Company Representative stating (i) that construction acquisition and installation of the Project described in Exhibit A hereto (as revised and amended in accord with this Loan Agreement) has such equipment have been completedpaid, and (iiiii) any portion of all other facilities necessary in connection with the Project Costs which has not yet then have been acquired, constructed and installed and all costs and expenses incurred in connection therewith have been paid. Such Notwithstanding the foregoing, such certificate may shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, construction and installation of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of such certificate may be used, at the written direction Costs of an Authorized Company Representative for the payment, in accordance with the provisions of this Loan Agreement, of any Project Costs not then paid as specified in due and payable according to such certificate. The If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the General Account of the Bond Fund as provided below, the Trustee shall give notice to the Company agrees that any moneys (including investment proceeds) remaining of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Construction Project Fund on the date for payment of the aforesaid certificate Costs of the Project, and all amounts so retained but not so set aside for the payment of such Project Costs subsequently used, shall be transferred or disbursed in accordance with Section 1.142-2 by the Trustee into the General Account of the Regulations, or any successor thereto and that the Company shall give specific instructions to the Trustee as to the transfer or disbursement of such funds and certify that such transfer or disbursement complies with the provisions of Section 1.142-2 of the Regulations or any successor thereto at such time. The Company acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the first call date (with appropriate notice to the Internal Revenue Service), within 90 days of the earlier of (i) the date on which the Company determines that the Project will not be completed or (ii) the date on which the Project is Placed-in-Service (as defined in the Tax Agreement)Bond Fund.

Establishment of Completion Date. As soon (a) The Completion Date shall be evidenced to the Issuer and the Trustee by a certificate signed by a Company Representative, as practicable after attached as Exhibit C hereto stating that, except for amounts retained by the completion Trustee at the Company’s direction to pay any Cost of the Project not then due and payable, (i) construction of the Project has been completed and all costs of labor, services, materials and supplies used in such construction have been paid, (ii) all equipment for the Project has been installed, such equipment so installed is suitable and sufficient for the operation of the Project, and all costs and expenses incurred in the Company shall furnish to the Trustee a certificate signed by an Authorized Company Representative stating (i) that construction acquisition and installation of the Project described in Exhibit A hereto (as revised and amended in accord with this Loan Agreement) has such equipment have been completedpaid, and (iiiii) any portion of all other facilities necessary in connection with the Project Costs which has not yet then have been acquired, constructed, improved, and equipped and all costs and expenses incurred in connection therewith have been paid. Such Notwithstanding the foregoing, such certificate may shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, construction, improving, and equipping of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of such certificate may be used, at the written direction Costs of an Authorized Company Representative for the payment, in accordance with the provisions of this Loan Agreement, of any Project Costs not then paid as specified in due and payable according to such certificate. The If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Bond Fund as provided below, the Trustee shall give notice to the Company agrees that any moneys (including investment proceeds) remaining of the failure to apply said funds for payment of the Costs of the Project. Any amount not to be retained in the Construction Project Fund on the date for payment of the aforesaid certificate Costs of the Project, and all amounts so retained but not so set aside for the payment of such Project Costs subsequently used, shall be transferred or disbursed in accordance with Section 1.142-2 of the Regulations, or any successor thereto and that the Company shall give specific instructions to by the Trustee as to into the transfer or disbursement of such funds and certify that such transfer or disbursement complies with the provisions of Section 1.142-2 of the Regulations or any successor thereto at such time. The Company acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the first call date (with appropriate notice to the Internal Revenue Service), within 90 days of the earlier of (i) the date on which the Company determines that the Project will not be completed or (ii) the date on which the Project is Placed-in-Service (as defined in the Tax Agreement)Bond Fund.

Establishment of Completion Date. As soon as practicable after the completion of construction of the Project, and in any event not more than ninety (90) days thereafter, the Company shall furnish to the Trustee a certificate signed by an Authorized Company Representative stating (i) that construction of the Project described in Exhibit A hereto (as revised and amended in accord with this Loan Agreement) has been completedcompleted substantially in accordance with the plans and specifications, and (ii) any the Completion Date, (iii) the Cost of the Project, (iv) the portion of the Cost of the Project Costs which has then been paid and (v) the portion of the Cost of the Project which has not yet then been paid. Such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining in the Construction Fund on the date of such certificate may be used, at the written direction of an Authorized Company Representative Representative, to the extent indicated, for the payment, in accordance with the provisions of this Loan Agreement, of any Cost of the Project Costs not then paid as specified in such the above-mentioned certificate. The Company agrees that any Any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Cost of the Project Costs shall be transferred or disbursed in accordance with Section 1.142-2 of the Regulations, Regulations (as defined in the Tax Agreement) or any successor thereto and that the Company shall give specific instructions to the Trustee as to the transfer or disbursement of such funds and certify that such transfer or disbursement complies with the provisions of Section 1.142-2 of the Regulations or any successor thereto at such timethereto. The Company acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the first call date (with appropriate notice to the Internal Revenue Service), within 90 days of the earlier of (i) the date on which the Company determines that the Project will not be completed or (ii) the date on which the Project is Placed-in-Service (as defined in the Tax Agreement). In the event the moneys in the Construction Fund available for payment of the Cost of the Project should not be sufficient to pay the costs thereof in full, the Company agrees to pay directly, or to deposit in the Construction Fund moneys sufficient to pay, the costs of completing the Project as may be in excess of the moneys available therefor in the Construction Fund. The Issuer does not make any warranty, either express or implied, that the moneys which will be paid into the Construction Fund and which, under the provisions of this Agreement, will be available for payment of the Cost of the Project, will be sufficient to pay all the costs which will be incurred in that connection. The Company agrees that if after exhaustion of the moneys in the Construction Fund the Company should pay, or deposit moneys in the Construction Fund for the payment of, any portion of the Cost of the Project pursuant to the provisions of this Section, it shall not be entitled to any reimbursement therefor from the Issuer or from the Trustee or from the owners of any of the Bonds, nor shall it be entitled to any diminution of the loan repayment installments or other amounts payable under Section 4.2 hereof.

Establishment of Completion Date. As soon as practicable after the completion of construction The end of the Project, the Company Construction Period shall furnish be evidenced to the Issuer and the Trustee by a certificate signed by an Authorized a Company Representative stating (i) that that, except for amounts retained by the Trustee at the Company's direction to pay any Project Costs not then due and payable, the acquisition, construction and installation of the Project described in Exhibit A hereto (as revised and amended in accord with this Loan Agreement) has been completed, completed and (ii) any portion of the Project Costs which has not yet then have been paid. Such Notwithstanding the foregoing, such certificate may shall state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining Forthwith upon completion of the acquisition, construction and installation of the Project, the Company agrees to cause such certificate to be furnished to the Issuer and the Trustee. Upon receipt of such certificate, the Trustee shall retain in the Construction Project Fund on a sum equal to the date amounts necessary for payment of such certificate may be used, at the written direction of an Authorized Company Representative for the payment, in accordance with the provisions of this Loan Agreement, of any Project Costs not then paid as specified in due and payable according to such certificate. The If any such amounts so retained are not subsequently used, prior to any transfer of said amounts to the Note Fund as provided below, the Trustee shall give notice to the Company agrees that any moneys (including investment proceeds) remaining of the failure to apply said funds for payment of the Project Costs. Any amount not to be retained in the Construction Project Fund on the date for payment of the aforesaid certificate Project Costs, and all amounts so retained but not so set aside subsequently used, shall be transferred by the Trustee into the Note Fund. The transferred amounts (the "Excess Proceeds") shall be retained in a segregated subaccount in the Note Fund for the payment or redemption of Outstanding Notes at the earliest possible date after such Project Costs shall amounts become Available Moneys. Any provision of this Agreement or the Indenture to the contrary notwithstanding, the Excess Proceeds held in the Note Fund may not be transferred or disbursed in accordance with invested to produce a yield (as computed under Section 1.1421.103-2 13 of the Federal Income Tax Regulations, or any successor thereto and that ) greater than the yield on the Notes. The Trustee shall have the right to request from the Company shall give specific and to rely on instructions with respect to the Trustee as to yield on the transfer or disbursement of such funds and certify that such transfer or disbursement complies with the provisions of Section 1.142-2 of the Regulations or any successor thereto at such time. The Company acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the first call date (with appropriate notice to the Internal Revenue Service), within 90 days of the earlier of (i) the date on which the Company determines that the Project will not be completed or (ii) the date on which the Project is Placed-in-Service (as defined in the Tax Agreement)Notes.

Establishment of Completion Date. As soon as practicable after the completion of construction of the Project, the Company shall furnish to the Trustee a certificate signed by an Authorized Company Representative stating (i) that construction of the Project described in Exhibit A hereto (as revised and amended in accord with this Loan Agreement) has been completed, and (ii) any portion of the Project Costs which has not yet then been paid. Such certificate may state that it is given without prejudice to any rights against third parties which exist at the date of such certificate or which may subsequently come into being. Moneys (including investment proceeds) remaining in the Construction Fund on the date of such certificate may be used, at the written direction of an Authorized Company Representative for the payment, in accordance with the provisions of this Loan Agreement, of any Project Costs not then paid as specified in such certificate. The Company agrees that any moneys (including investment proceeds) remaining in the Construction Fund on the date of the aforesaid certificate and not so set aside for the payment of such Project Costs shall be transferred or disbursed in accordance with Section 1.142-2 of the Regulations, or any successor thereto and that the Company shall give specific instructions to the Trustee as to the transfer or disbursement of such funds and certify that such transfer or disbursement complies with the provisions of Section 1.142-2 of the Regulations or any successor thereto at such time. The Company acknowledges that these provisions generally require that a portion of the Bonds be redeemed, or defeased to the first call date (with appropriate notice to the Internal Revenue Service), within 90 days of the earlier of (i) the date on which the Company determines that the Project will not be completed or (ii) the date on which the Project is Placed-in-Service (as defined in the Tax AgreementDocuments).