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 GAIL FOB Sale and Purchase Agreement on or before the GAIL 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 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.
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. 14 SECTION 7.13 Environmental Fund Documents.............................................14 SECTION 7.14 Taxes....................................................................14 ARTICLE VIII
Independent Engineer Report. Anschutz has furnished or made available to Forest a copy of a report prepared by Xxxxx Xxxxx Company (the "INDEPENDENT ENGINEERS"), dated as of December 1, 1997, setting forth the estimated future reserves and income attributable to the Oil and Gas Properties owned by AREC. Except with respect to pricing data requested by Forest to be submitted, all logs, reservoir reports, production reports, historical cost and expense data, information regarding Taxes, historical pricing data, engineering and technical data, geological and geophysical data, and all other factual data and information, in each case to the extent furnished by Anschutz and the Anschutz Subsidiaries to the Independent Engineers in preparing such reports were consistent in all material respects with, or were provided without adjustment in the form available on the internal records of Anschutz and the Anschutz Subsidiaries.
Independent Engineer Report. EES Coke shall have received a report of Stone & Xxxxxxx Management Consultants, Inc. in form and substance satisfactory to EES Coke with respect to the Coke Facilities, the Site, the Project Assets and such other matters as EES Coke deems necessary or advisable.
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. Sellers have reviewed the report, dated July 22, 1998, (the "Independent Engineer Report") of the independent engineers retained to assist the bidders in the Auction in their respective evaluations of the Assets, and while Sellers have not independently verified the information and data contained therein, to Sellers' Knowledge, except as may be set forth in Schedule 3.8, there is no misstatement of facts contained in the sections of the Independent Engineer Report specified in Schedule 3.8, other than matters which individually or in the aggregate do not have a Material Adverse Effect on the Assets. Section 3.9
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.
