Independent Engineer Report Sample Clauses

Independent Engineer Report. If the Project Completion Date has not occurred, the Senior Facility Agent shall have received a certificate of the Independent Engineer, dated no earlier than ninety (90) days prior to the date of such Extension of Credit, certifying (i) that the construction of the Project is proceeding substantially in accordance with the construction schedule set out in the Construction Schedule or, if not so proceeding, any delays will not cause (x) the Project to miss the Guaranteed Substantial Completion Dates for any train of the Project, (y) the date specified for Ready for Start Up in Attachment E to the applicable EPC Contract for any train of the Project to occur less than four (4) months prior to the Guaranteed Substantial Completion Date for such train or (z) the Project to otherwise fail to achieve (A) the Train 1 DFCD under and as defined in the BG FOB Sale and Purchase Agreement on or before the BG DFCD Deadline, (B) the Date of First Commercial Delivery under and as defined in the GN FOB Sale and Purchase Agreement on or before the GN DFCD Deadline, (C) the Date of First Commercial Delivery under and as defined in the KoGas FOB Sale and Purchase Agreement on or before the KoGas DFCD Deadline, (D) the Date of First Commercial Delivery under and as defined in the XXXX FOB Sale and Purchase Agreement on or before the XXXX DFCD Deadline, (E) the Date of First Commercial Delivery under and as defined in the Centrica FOB Sale and Purchase Agreement on or before the Centrica DFCD Deadline, or (F) the Date of First Commercial Delivery under and as defined in the Total FOB Sale and Purchase Agreement on or before the Total DFCD Deadline, or (G) if Train 6 Debt is incurred or the Train 6 FID Date has occurred, the Date of First Commercial Delivery under and as defined in each Train 6 LNG Sale and Purchase Agreement on or before the Train 6 DFCD Deadline applicable thereto and (ii) as to the existence of sufficient funds needed to achieve (x) Substantial Completion by each of the applicable Guaranteed Substantial Completion Dates under the applicable EPC Contract for each of the trains of the Project and (y) the Specified Completion Conditions by the Date Certain.
AutoNDA by SimpleDocs
Independent Engineer Report. The Administrative Agent and each Lender shall have received a report from the Independent Engineer and, if such report is not addressed to the Administrative Agent and the Lenders, a reliance letter from the Independent Engineer, each in form and substance satisfactory to each Lender.
Independent Engineer Report. The Administrative Agent shall have received (a) a copy of a report (including the appendices thereto) by the Independent Engineer relating to the Closing Date Facilities and (b) a reliance letter from the Independent Engineer, dated as of the Closing Date, permitting the Lenders to rely on such report (including the appendices thereto) as if addressed to them and reaffirming the accuracy and completeness in all material respects, as of the Closing Date, of the Independent Engineer's conclusions and findings contained in the such report (including the appendices thereto); in each case in form and substance reasonably satisfactory to the Administrative Agent.
Independent Engineer Report. Each Purchaser shall have received the report of the Independent Engineer.
Independent Engineer Report. The Lender shall have received from the Independent Engineer the most recently due IE Construction Report.
Independent Engineer Report. Lender shall have received the Independent Engineer Report, together with a certificate of the Independent Engineer, in each case, in form and substance satisfactory to Lender.
Independent Engineer Report. Each Purchaser shall have received a report of the Independent Engineer in respect of the Applicable Vessel.
AutoNDA by SimpleDocs
Independent Engineer Report. The Administrative Agent shall have received an Independent Engineer Report relating to the delivery of the Drilling Unit.
Independent Engineer Report. The Administrative Agent shall have received a report on the Project, the Development Plan, the Initial Construction Budget and the Initial Operating Plan by the Independent Engineer, satisfactory to the Senior Lenders in all material respects as to the (i) environmental conditions at and near the Project site and the environmental and social impact of the contemplated operations of the Project (including, without limitation, compliance with the Environmental Guidelines, the EAP and the DIA, as described in such report), (ii) reliability of the mineable reserve estimate, mining plans and metallurgy as well as the integrity and feasibility of all engineering, design, capacity, construction and operating specifications and arrangements, capital and operating cost estimates and drawdown schedule, (iii) the progress of the construction and all Operating Costs incurred prior to the end of the second calendar month immediately preceding the Closing Date, (iv) feasibility and compliance by the Project with the Development Plan, the Initial Construction Budget and the Initial Operating Plan, (vi) the requirements of the Completion Test and (vii) such other matters with respect to the Project as any Senior Lender shall reasonably request.
Independent Engineer Report. The Term Loan A Administrative Agent shall have received a certificate of the Independent Engineer certifying (i) that the construction of the Project is proceeding substantially in accordance with the construction schedule set out in the Construction Budget and Schedule or, if not so proceeding, any delays will not cause (x) the Project to miss the Guaranteed Substantial Completion Dates for any train of the Project, (y) the date specified for Ready for Start Up in Attachment E to the EPC Contract for any train of the Project to occur less than four (4) months prior to the Guaranteed Substantial Completion Date for such train or (z) the Project to otherwise fail to achieve (A) the Train 1 DFCD under and as defined in the BG FOB Sale and Purchase Agreement on or before the BG DFCD Deadline or (B) the Date of First Commercial Delivery under and as defined in the GN FOB Sale and Purchase Agreement on or before the GN DFCD Deadline, (ii) as to the current utilization of previous borrowings and (iii) as to the existence of sufficient funds needed to achieve (x) Substantial Completion by each of the applicable Guaranteed Substantial Completion Dates under the EPC Contract for each of the trains of the Project and (y) the Specified Completion Conditions by the Date Certain.
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!