Initial Assets Documents Clause Samples

Initial Assets Documents. At least [*****] prior to the Requested Advance Date, the Guarantor shall have received: (i) fully executed copies of the Contribution Documentation with respect to the Initial Assets; (ii) a certificate of a Responsible Officer of the Borrower, certifying that: (A) all Required Approvals have been obtained and copies thereof have been delivered to the Guarantor and such copies are true, correct and complete (including all schedules, exhibits, attachments, supplements and amendments thereto and any related protocols or side letters); (B) each such Required Approval is free of any unduly burdensome conditions that could prevent, impede or materially and adversely affect the ownership, construction or operation of the Initial Assets and the Project; (C) each such Required Approval has been validly issued, is in full force and effect and is Non-Appealable (except to the extent such Required Approval has expired and is no longer required for the ownership, commencement, development, construction or operation of any portion of the Project) and has not been amended, modified or supplemented other than with the prior consent of the Guarantor or such amendments, modifications or supplements that have been made without the consent of any Borrower Entity, have been previously disclosed in writing to the Guarantor and have not had, and are not reasonably expected to have, a Material Adverse Effect; and (D) all conditions precedent to the effectiveness of each such Required Approval have been satisfied. it being understood that delivery of the documents and other evidence listed in clauses (i) and (ii) above may be done by uploading electronic copies thereof to a virtual data room satisfactory to the Guarantor, organized by MSA and Charging Station.