Independent Engineer’s Report. The Administrative Agent shall have received, with a copy for each Lender, a report of the Independent Engineer, in form and substance satisfactory to the Administrative Agent.
Independent Engineer’s Report. The Administrative Agent shall have received a supplemental report of the Independent Engineer, updating those matters relating to the Xxxxxxxx Plant addressed in the report of the Independent Engineer dated December 5, 2006 as the Administrative Agent may reasonably request, which report shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders (provided that any Lender who does not object to a request for approval of such report within fifteen (15) days following receipt by such Lender of such written request and a copy of such report shall be deemed to have approved such report).
Independent Engineer’s Report. The Administrative Agent shall have received a report of the Independent Engineer with respect to the Project, accompanied by a duly executed certificate of the Independent Engineer in the form of Exhibit J-1, each in form and substance reasonably satisfactory to each Lender, discussing, among other matters that the Lenders may require:
(i) the technical and economic viability of the Project (including the Project’s capability to conform with all air permit limits) and the technical inputs used in the Financial Model;
(ii) the reasonableness of the Construction Budget and the feasibility of the Borrower’s approach to construction and start-up of the Project;
(iii) the appropriateness of the Performance Tests, Minimum Performance Criteria and Performance Guarantee;
(iv) operating performance and costs assumptions;
(v) confirmation that the Environmental Site Assessment Reports comply with the requirements of this Agreement and that no further Environmental Site Assessment Reports are required;
(vi) confirmation that the Borrower is in compliance in all material respects with all Environmental Approvals applicable to the Project and does not have any known present or contingent liability relating to any Environmental Approval, Environmental Claim regarding the Project; and
(vii) confirmation that all Environmental Approvals necessary to construct and operate the Project (other than Environmental Approvals that are Deferred Approvals) have been obtained and are in full force and effect, final and Non-Appealable.
Independent Engineer’s Report. Administrative Agent shall have received a report from the Independent Engineer approving the subject Draw Package, which shall include, without limitation, Independent Engineer’s determination based on on-site inspections of the Improvements and the data submitted to and reviewed by it as part of Borrower’s Draw Request of the value of the labor and materials in place, (i) for the Initial Advance only, indicate its review and acceptance of the Plans and Specifications and the Construction Contract; (ii) that the construction of the Improvements is proceeding according to the Construction Schedule and that the work on account of which the Advance is sought has been completed in a good and workmanlike manner to such Independent Engineer’s satisfaction within the Project Budget and substantially in accordance with the Plans and Specifications and (iii) state its estimate of (A) the percentages of the construction of the Improvements completed as of the date of such site observation on the basis of work in place
Independent Engineer’s Report. The Lender shall have received a report of the Independent Engineer, which shall be in form and substance reasonably satisfactory to the Lender.
Independent Engineer’s Report. The Administrative Agent shall have received a report of the Independent Engineer with respect to the Project, accompanied by a duly executed certificate of the Independent Engineer in the form of Exhibit J-1, each in form and substance reasonably satisfactory to each Lender, discussing, among other matters that the Lenders may require:
(i) the reasonableness of the Capital Improvement Budget and the feasibility and efficacy of the Borrower’s approach to performing capital repair, remediation and improvement work with respect to and start-up of the Project;
(ii) operating performance and costs assumptions;
(iii) confirmation that the Borrower is in compliance in all material respects with all Environmental Approvals applicable to the Project and does not have any known present or contingent liability relating to any Environmental Approval or Environmental Claim regarding the Project; and
(iv) confirmation that all Environmental Approvals necessary to perform capital improvement work with respect to and operate the Project (other than Environmental Approvals that are Deferred Approvals) have been obtained and are in full force and effect, final and Non-Appealable.
Independent Engineer’s Report. The Administrative Agent shall have received the report of the Independent Engineer, dated December 5, 2006.
Independent Engineer’s Report. (i) The Administrative Agent shall have received an updated report of the Independent Engineer, addressing the adequacy of utility arrangements and each of the other matters set forth below for the Plant with respect to which such Funding is being requested, identifying any material changes from the report of the Independent Engineer dated December 5, 2006 in costs, adequacy of contingency or other matters addressed therein, which updated report shall not include any materially adverse conclusions by the Independent Engineer, and a duly executed certificate of the Independent Engineer and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders (provided that any Lender who does not object to a request for approval of such report within fifteen (15) days following receipt by such Lender of such written request and a copy of such report shall be deemed to have approved such report).
(ii) The Independent Engineer shall have certified to the Administrative Agent that the Independent Engineer believes that the Commercial Operation Date for the Plant with respect to which such Funding is requested will occur on or prior to the Conversion Date Certain.
Independent Engineer’s Report. The Co-Agents and each Institution shall have received, with a copy for each Bank and the Issuing Bank, a report of the Independent Engineer with respect to the technical and economic feasibility of the Project and the Greenhouse, the reasonableness of the terms of the Construction Contracts (including design and specifications, the construction schedule and the contract price), the capital budget, the status of governmental approvals and permits, the ability of the Facility to meet regulatory requirements and the requirements contained in the Power Purchase Agreement, ash disposal, and such other matters relating to the Project, the Greenhouse, the Project Documents and the transactions contemplated hereby and thereby as the Co-Agents or the Institutions shall reasonably request, which report shall be addressed to the Lenders and shall be satisfactory in scope, form and substance to the Co-Agents and the Institutions.
Independent Engineer’s Report. The Independent Engineer shall have delivered its final report to the Lenders in form and substance reasonably satisfactory in all respects to the Administrative Agents favorably reviewing (among other matters) the technical feasibility of all engineering, design, capacity and operating specifications and arrangements and capital expenditure and operating cost estimates relating to the Facilities and environmental matters relating to the Facilities and provided a letter, dated the Effective Date, confirming its report and the conclusions therein as of the Effective Date.
