Funding Date Conditions Precedent. The obligations of the Investor and the Bloom Member to make a contribution on the Funding Date are subject to the satisfaction of or waiver, [***] Business Days prior to such Funding Date, by the Investor and the Bloom Member, as applicable, of the following conditions with respect to the applicable Tranche to be funded on such Funding Date, except as otherwise set forth below, and which must continue to be satisfied as of the Funding Date (“Funding Date Conditions Precedent”): (a) Investor has received notice from the Bloom Member [***] Business Days prior to the Funding Date (which notice includes the number of Facilities to be funded, the kW of the Facilities to be funded, the location of the Facilities to be funded, the estimated date of Commencement of Operations for the Facilities to be funded, the Persons (and the account information with respect thereto) designated to receive the payments set forth in Section 2.2; (b) with respect to the initial Funding Date, the Investor has received a fully executed copy of the Company LLC Agreement, which may be held in escrow until released by each of the Parties thereto as of the Funding Date; (c) Investor has received, true, correct and complete copies of all of the insurance certificates from the insurance broker with respect to the insurance policies for the Company, the Facility Company and the applicable Tranche that are described in Schedule 3.22 or are otherwise required under the Financing Documents, or such other evidence reasonably satisfactory to the Investor that such insurance policies are in full force and effect;
Appears in 2 contracts
Samples: Equity Capital Contribution Agreement (Bloom Energy Corp), Equity Capital Contribution Agreement (Bloom Energy Corp)
Funding Date Conditions Precedent. The obligations of the Investor and the Bloom Member to make a contribution on the Funding Date are subject to the satisfaction of or waiver, [***] Business Days prior to such Funding Date, waiver by the Investor and the Bloom Member, as applicable, of the following conditions with respect to the applicable Tranche to be funded on such Funding Date, except as otherwise set forth below, and which must continue to be satisfied as of the Funding Date (“Funding Date Conditions Precedent”):
(a) Investor has received notice from the Bloom Member at least [***] Business Days prior Days’ notice (or shorter period acceptable to the Investor) from the Bloom Member of the Funding Date (which notice of the Funding Date includes the number of Facilities to be funded, the kW of the Facilities to be funded, the location of the Facilities to be funded, the estimated date of Commencement of Operations for the Facilities to be funded, the Persons (and the account information with respect thereto) designated to receive the payments set forth in Section 2.2;; [***] Confidential Treatment Requested
(b) (b) with respect to the initial Funding Date, the Investor has received a fully executed copy of the Company LLC Agreement, which may be held in escrow until released by each of the Parties thereto as of the Funding Date;
(c) Investor has received, received true, correct and complete copies of all of the insurance certificates from the insurance broker with respect to the insurance policies for the Company, the Facility Company and the applicable Tranche that are described in Schedule 3.22 Annex 3 or are otherwise required by Facility Lender under the Financing Documents, or such other evidence reasonably satisfactory to the Investor that such insurance policies are in full force and effect;
Appears in 2 contracts
Samples: Equity Capital Contribution Agreement (Bloom Energy Corp), Equity Capital Contribution Agreement (Bloom Energy Corp)
Funding Date Conditions Precedent. The obligations of the Investor and the Bloom Member to make a contribution on the Funding Date are subject to the satisfaction of or waiver, [***] Business Days prior to such Funding Date, waiver by the Investor and the Bloom Member, as applicable, of the following conditions with respect to the applicable Tranche to be funded on such Funding Date, except as otherwise set forth below, and which must continue to be satisfied as of the Funding Date (“Funding Date Conditions Precedent”):
(a) Investor has received at least three (3) Business Days’ notice (or shorter period acceptable to the Investor) from the Bloom Member [***] Business Days prior to of the Funding Date (which notice of the Funding Date includes the number of Facilities to be funded, the kW of the Facilities to be funded, the location of the Facilities to be funded, the estimated date of Commencement of Operations for the Facilities to be funded, the Persons (and the account information with respect thereto) designated to receive the payments set forth in Section 2.2;
(b) (b) with respect to the initial Funding Date, the Investor has received a fully executed copy of the Company LLC Agreement, which may be held in escrow until released by each of the Parties thereto as of the Funding Date;
(c) Investor has received, received true, correct and complete copies of all of the insurance certificates from the insurance broker with respect to the insurance policies for the Company, the Facility Company and the applicable Tranche that are described in Schedule 3.22 Annex 3 or are otherwise required by Facility Lender under the Financing Documents, or such other evidence reasonably satisfactory to the Investor that such insurance policies are in full force and effect;
Appears in 1 contract
Samples: Equity Capital Contribution Agreement (Bloom Energy Corp)
Funding Date Conditions Precedent. The obligations of the Investor and the Bloom Member to make a contribution on the Funding Date are subject to the satisfaction of or waiver, [***] three (3) Business Days prior to such Funding Date, by the Investor and the Bloom Member, as applicable, of the following conditions with respect to the applicable Tranche to be funded on such Funding Date, except as otherwise set forth below, and which must continue to be satisfied as of the Funding Date (“Funding Date Conditions Precedent”):
(a) Investor has received notice from the Bloom Member [***] six (6) Business Days prior to the Funding Date (which notice includes the number of Facilities to be funded, the kW of the Facilities to be funded, the location of the Facilities to be funded, the estimated date of Commencement of Operations for the Facilities to be funded, the Persons (and the account information with respect thereto) designated to receive the payments set forth in Section 2.2;
(b) with respect to the initial Funding Date, the Investor has received a fully executed copy of the Company LLC Agreement, which may be held in escrow until released by each of the Parties thereto as of the Funding Date;
(c) Investor has received, true, correct and complete copies of all of the insurance certificates from the insurance broker with respect to the insurance policies for the Company, the Facility Company and the applicable Tranche that are described in Schedule 3.22 or are otherwise required under the Financing Documents, or such other evidence reasonably satisfactory to the Investor that such insurance policies are in full force and effect;
Appears in 1 contract
Samples: Equity Capital Contribution Agreement (Bloom Energy Corp)