IE Certificate Sample Clauses

IE Certificate. In connection with each Construction Credit Event or a Vista Expansion Borrowing but in any event once per calendar quarter (and no more than once during any two-month period), at least five Business Days prior to the applicable Construction Credit Event or a Vista Expansion Borrowing, a certificate from the Independent Engineer substantially in the form of Exhibit K and, (1) with respect to a Construction Credit Event, with respect to each applicable Project for which such Borrowing is being requested (i) certifying that it reasonably believes that the Loan Parties have sufficient funds (taking into account the available Equity Commitment, amounts on deposit in the Construction Account and the Local Accounts (other than for payment of O&M Costs) and remaining availability under the Construction Facility) to achieve Term Conversion (excluding the requirement that the Debt Service Reserve Account shall have been funded to an amount equal to or greater than the Debt Service Reserve Requirement), and (ii) confirming that each of the Gateway Expansion and the Diablo Project is reasonably expected to achieve the applicable Commercial Operation Date by the applicable Date Certain for such Project and, if Expansion Tranche Loans will be borrowed on such date, the Commercial Operation Date for the Diablo Project by the Diablo Expansion Date Certain, and the Loan Parties are reasonably expected to achieve Term Conversion (excluding the requirement that the Debt Service Reserve Account shall have been funded to an amount equal to or greater than the Debt Service Reserve Requirement) by the Term Conversion Date Certain and (2) with respect to a Vista Expansion Borrowing, certifying that it reasonably believes that the Loan Parties have sufficient funds (taking into account amounts on deposit in the Construction Account and the Local Accounts (other than for payment of O&M Costs), and remaining availability under the Vista Expansion Facility) to achieve Vista Expansion Substantial Completion. Prior to each date that the Independent Engineer is required to deliver such certificate, Borrower shall provide Independent Engineer with evidence that amounts withdrawn from the Construction Account prior to the date of such certificate have been applied to pay material Project Costs and copies of all material receipts, invoices and any other appropriate documentation or materials reasonably and promptly requested by the Independent Engineer.

IE Certificate. In connection with each Construction Credit Event but in any event once per calendar quarter (but no more than once during any two-month period), at least five Business Days prior to the applicable Construction Credit Event, a certificate from the Independent Engineer substantially in the form of Exhibit O and, (i) certifying that it reasonably believes that the Loan Parties have sufficient funds (taking into account amounts on deposit in the Construction Account and the Local Accounts (other than for payment of O&M Costs) and remaining availability under the Construction/Term Loan Facility or other sources of funding permitted under the Loan Documents) to achieve the Commercial Operation Date for Gateway Expansion II (excluding the requirement that the Debt Service Reserve Account shall have been funded to an amount equal to or greater than the Debt Service Reserve Requirement), and (ii) confirming that Gateway Expansion II is reasonably expected to achieve the Commercial Operation Date by the Gateway Expansion II Date Certain. Prior to each date that the Independent Engineer is required to deliver such certificate, the Borrower shall provide the Independent Engineer with evidence that amounts withdrawn from the Construction Account prior to the date of such certificate have been applied to pay material Project Costs and copies of all material receipts, invoices and any other appropriate documentation or materials reasonably and promptly requested by the Independent Engineer.