Governmental Judgments Sample Clauses

Governmental Judgments. (a) Except as set forth on Schedule 5.8, there is no pending or threatened (in writing) action, suit, or proceeding, or investigation by a Governmental Authority, of any kind, including no action or proceeding of or before any Governmental Authority, in each case (x) involving the Borrower or (y) to the Borrower’s Knowledge, involving the Operator or any other Project Participant, in each case that relates to the Project or any transactions contemplated by any of the Transaction Documents that has, or would reasonably be expected to have, a Material Adverse Effect or a material adverse effect on the ability of the Project to be completed or operated. (b) Neither the Borrower, nor to the Borrower’s Knowledge, the Owners’ Agent or the Operator has failed to observe in any material respect, or is otherwise in default with respect to, any Governmental Judgment or any order of any court, arbitrator, administrative agency or other Governmental Authority except (1) any such failure to observe or default that the Borrower (A) is diligently working to cure through procedures approved by the applicable court, arbitrator, arbitral panel, administrative agency or Governmental Authority or appropriate regulatory procedures and (B) reasonably believes will be cured through such diligent efforts, or (2) that has not and would not reasonably be expected to have, a Material Adverse Effect or a material adverse effect on the ability of the Project to be completed or operated. There is no injunction, writ, or preliminary restraining order of any nature issued by a court, arbitrator, administrative agency or other Governmental Authority directing that any of the obligations provided for in any of the Transaction Documents to be performed by the Borrower, or to the Borrower’s Knowledge, the Owners’ Agent, the Operator or any other Project Participant, not be consummated as herein or therein provided. No Governmental Judgment or order of any court, arbitrator, administrative agency or other Governmental Authority has been entered against the Borrower, or to the Borrower’s Knowledge, the Owners’ Agent, the Operator or any other Project Participant that has, or would reasonably be expected to have, a Material Adverse Effect or a material adverse effect on the ability of the Project to be completed or operated.