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 Facility Agent shall have received counterparts of the Independent Engineer's Certificate duly executed by the Independent Engineer.
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. 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.
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 Agent Bank shall have received a certificate of the Independent Engineer substantially in the form of Exhibit J.
Independent Engineer’s Certificate. The Administrative Agent shall have received a certificate of the Independent Engineer, substantially in the form of Exhibit C-3 and dated no earlier than the date of the relevant Borrowing Certificate and no later than the date of the relevant Notice of Borrowing, reasonably satisfactory to the Administrative Agent, and confirming each of the following: (i) the progress of construction of the Project is proceeding substantially in accordance with or ahead of the Project Construction Budget and Schedule, (ii) appropriate personnel have been retained by the Borrower to oversee all major civil works then-currently under construction, (iii) the current utilization of previous Borrowings with respect to the Project, (iv) the existence of sufficient committed funds needed to achieve the Commercial Operation Date, the Actual Project Acceptance Date and Project Completion (v) the funds to be drawn are to be used for approved Project Costs consistent with the terms of the applicable Financing Documents and the EPC Contract and (vi) the Project is reasonably expected to achieve the Required Final Taking-Over Date.
Independent Engineer’s Certificate. If more than 180 days have passed since the Closing Date, a certificate dated the Funding Date confirming that no act, event or condition has occurred since the date of the report provided pursuant to Section 6.01(d)(iii) that would have a material affect on the findings and conclusions set forth therein or which could reasonably be expected to have a Material Adverse Effect.
Independent Engineer’s Certificate. The Agent shall have received a certificate of the Independent Engineer dated as of the date of the Notice of Borrowing, satisfactory to the Agent, certifying (i) that the progress of construction of the Project is in accordance with the Construction Budget and Schedule, (ii) as to the current utilization of previous borrowings, (iii) that the Project is reasonably expected to achieve Substantial Completion by the Guaranteed Substantial Completion Date and (iv) as to the existence of sufficient funds needed to achieve Final Completion, which such certificate shall be substantially in the form of Exhibit C-1 or C-2, as applicable.
Independent Engineer’s Certificate. The Agent shall have received a certificate of the Independent Engineer dated as of the date of the final Notice of Borrowing, satisfactory to the Agent, certifying (i) as to the current utilization of previous borrowings, (ii) that the Project has achieved Substantial Completion and (iii) that sufficient funds are on deposit in the Collateral Accounts to, and the amount of the proposed final borrowing is sufficient to, achieve Final Completion, which such certificate shall be substantially in the form of Exhibit C-3.
