Independent Engineer’s Certificate. Without limiting the requirements of Section 4.5(a), Owner may seek, at its own cost and expense, and Contractor shall provide reasonable assistance in obtaining, a certificate from the Independent Engineer with respect to Substantial Completion for the Facility, which may include certifications that the criteria required for Substantial Completion have been met. Such certification from the Independent Engineer shall in no event be considered a condition precedent to Substantial Completion or Final Acceptance.
Independent Engineer’s Certificate. The Administrative Agent and the Loan Insurer shall have received: (i) an Independent Engineer’s Certificate with respect to such Borrowing, substantially in the form of Exhibit K-2, with all blanks appropriately filled in to the satisfaction of the Controlling Party; (ii) a Progress Invoice (as defined in the EPC Contract) from the EPC Contractor in accordance with Section 7.5 of the EPC Contract and a corresponding invoice approved by the Project Management Entity as provided in Section 5.1.2(b) of the Participation Agreement (which corresponding invoice shall specify the Borrower’s portion of the applicable Progress Invoice); (iii) a certified Lien waiver by the EPC Contractor in the form of Exhibit K to the EPC Contract; and (iv) a list of all change orders not theretofore submitted to the Administrative Agent and the Loan Insurer, together with a statement by the Borrower that copies of the same have been submitted to the Independent Engineer prior to the date of such Borrowing and a list of all change orders to date and a list of all proposed change orders.
Independent Engineer’s Certificate. The Administrative Agent shall have received a report of the Independent Engineer dated as of the date of the Notice of Borrowing satisfactory to the Administrative Agent, as to (i) the progress of construction of the Project in accordance with the Construction Budget and Schedule, (ii) the current utilization of previous Borrowings with respect to the Project, (iii) the existence of sufficient funds needed to achieve Final Completion, and (iv) the funds to be drawn are to be used for approved project costs consistent with the terms of the applicable Financing Documents. The Independent Engineer’s report shall contain, at a minimum, a certificate of the Independent Engineer substantially in the form of Exhibit C-3, or in such other form as is acceptable to the Administrative Agent.
Independent Engineer’s Certificate. The Facility Agent shall have received counterparts of the Independent Engineer's Certificate duly executed by the Independent Engineer.
Independent Engineer’s Certificate. Administrative Agent shall have received a certificate of the Independent Engineer in substantially the form of Exhibit G-3(b) that Completion with respect to each Project has been achieved, attaching a summary of the Independent Engineer of the technical capabilities of the Projects.
Independent Engineer’s Certificate. If Substantial Completion of Train Three has not occurred, receipt of either (i) a quarterly certificate of the Independent Engineer or (ii) if dated as of a more recent date, the certificate of the Independent Engineer provided to the Term Lenders in connection with the most recent Disbursement Request under the Term Loan Facility Agreement, in either case, certifying that the construction of the Project Facilities (including the Corpus Christi Terminal Facility and the Corpus Christi Pipeline) is proceeding substantially in accordance with the construction schedule set out in the Construction Budget and Schedule or, if not so proceeding, any delays shall not be reasonably expected to cause (x) Guaranteed Substantial Completion Dates for any Train within the Development to be missed, (y) “Ready for Start Up” for any Train within the Development to occur less than four months prior to the Guaranteed Substantial Completion Date for such Train or (z) a DFCD Deadline to otherwise not be achieved; and
Independent Engineer’s Certificate. The Agent Bank shall have received a certificate of the Independent Engineer substantially in the form of Exhibit J.
Independent Engineer’s Certificate. (4) in case any Property Additions are shown by the Engineer’s Certificate provided for in subdivision (3) above to include property (other than property acquired from PacifiCorp, a Maine corporation, and Utah Power & Light Company, a Utah corporation, upon the merger of those corporations into the Company) which within six months prior to the date of acquisition thereof by the Company, has been used or operated by others than the Company in a business similar to that in which it has been or is to be used or operated by the Company and such certificate does not show the fair value thereof to the Company, as of the date of such certificate, to be less than Twenty-five Thousand Dollars ($25,000) or less than one per centum (1%) of the aggregate principal amount of the bonds at the time Outstanding hereunder, a further certificate consisting of an Independent Engineer’s Certificate stating as to such Property Additions which have been so used or operated and (at the option of the Company) as to any other Property Additions included in the Engineer’s Certificate provided for in subdivision (3) of this Section that the then aggregate fair value thereof to the Company, as of the date of such Independent Engineer’s Certificate, in the opinion of the signer is a specified amount; and in the case of the authentication and delivery of bonds, the fair value to the Company in the opinion of the signer of any property so used or operated which has been subjected to the Lien of this Indenture since the commencement of the then current calendar year as the basis for the authentication and delivery of bonds, and as to which an Independent Engineer’s Certificate has not previously been furnished to the Trustee;
Independent Engineer’s Certificate. A certificate of the Independent Engineer substantially in the form of Exhibit P.
Independent Engineer’s Certificate. A certificate of the Independent Engineer to the effect that (A) the construction of Phase 2 in no material way adversely affects the construction of Phase 1 or the ability of Phase 1 to achieve Phase 1 Substantial Completion by the Guaranteed Substantial Completion Date, (B) the total amount of the Phase 2 Loans then requested does not exceed the Phase 2 Allocation and (C) no act, event or condition has occurred since the date of the report delivered pursuant to Section 6.01(d)(iii) that would have a material effect on its findings and conclusions set forth therein or could reasonably be expected to have a Material Adverse Effect, which certificate shall be substantially in the form of Exhibit C-1
