Common use of Independent Engineer’s Report Clause in Contracts

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. 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 Operating Budget and the feasibility of the Borrower’s approach to construction and start-up of the Project; (iii) the appropriateness of the various Performance Tests, Minimum Performance Criteria Tests and Performance Guaranteecompletion undertakings; (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 Laws and all Environmental Approvals applicable to the Project and does not have any known present or contingent liability relating to any Environmental Approval, Environmental Claim or Environmental Law 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 obtained, are in full force and effect, are final and Non-AppealableAppealable and (A) are properly issued in the name of the appropriate Person or (B) the Loan Parties have taken all actions necessary for the transfer or reissuance to the Borrower of such Environmental Approvals as set forth in Part A of Schedule 5.03.

Independent Engineer’s Report. The Administrative Agent shall have received a report of the Independent Engineer with respect to the Projecteach Plant, accompanied by a duly executed certificate of the Independent Engineer in the form of Exhibit J-1E, 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 such Plant (including the Projectsuch Plant’s capability to conform with all air permit limits) and the technical inputs used projections for such Plant set forth in the Financial Model; (ii) the reasonableness of the Construction Budget for such Plant and the feasibility of the Borrower’s approach to construction and start-up of the Projectsuch Plant; (iii) the appropriateness of the various Performance Tests, Minimum Performance Criteria Tests and Performance Guaranteecompletion undertakings; (iv) operating performance and costs assumptions; (v) confirmation that the Environmental Site Assessment Reports for such Plant comply with the requirements of this Agreement and that no further Environmental Site Assessment Reports are requiredappropriate for such Plant at that time; (vi) confirmation that the each Borrower is in compliance in all material respects with all Environmental Laws and all Environmental Approvals applicable to the Project and does not have any known present or contingent material liability relating to any Environmental Approval, Environmental Claim regarding the Projector Environmental Law; and (vii) confirmation that all Environmental Approvals necessary to construct and operate the Project such Plant (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 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) discussing 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) discussing the reasonableness of the Construction Budget and the Operating Budget for the Existing Plants and the feasibility of the Borrower’s approach to construction and start-up of the ProjectAberdeen II Plant; (iii) discussing the appropriateness of the various Performance Tests, Minimum Performance Criteria Tests and Performance Guaranteecompletion undertakings; (iv) discussing operating performance and costs assumptions; (v) confirmation confirming 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 confirming that the Borrower is in compliance in all material respects with all Environmental Laws and all Environmental Approvals applicable to the Project and does not have any known present or contingent liability relating to any Environmental Approval, Environmental Claim or Environmental Law regarding the Project; and (vii) confirmation confirming that all Environmental Approvals necessary to construct the Aberdeen II Plant and operate the Project (other than Environmental Approvals that are Deferred Approvals) have been obtained obtained, and are validly issued, in full force and effect, and final and Non-Appealable.