Common use of Initial Project Documents Clause in Contracts

Initial Project Documents. The initial approach to the market will be based on the work established through the Core Lender phase. This will include provision of a Preliminary Information Memorandum (“PIM”) with attached documents: The PIM is expected to include: • Project description and Xxxxxxxxx’s proposed solution • Key parties, corporate structure and contractual structure • Proposed financing plan including anticipated TIFIA and PABs allocations • Summary of due diligence carried out to date • Summary risk matrix setting out risk allocations between the Department, Developer and Contractors • Summary of credit information respecting the State and sources for the Milestone Payment and Availability Payments • Timetable and process • Requirements for submission The following documents are likely to be issued as attachments to the PIM: • Contract Documents and all amendments thereto (if any) • Legal due diligence report of Core Lenders’ legal advisor • Insurance due diligence report of Core Lenders’ insurance advisor • Technical due diligence report of Core Lenders’ technical advisor • Term sheet template (i.e. with blanks to complete) setting forth proposed terms and conditions for the financing transaction structure • Financial Model output sheets along with results of sensitivities • Draft or executed contracts (and amendments thereto, if any) with the Lead Contractor and Lead Operations and Maintenance Contractor • Annual reports of Developer’s equity members • Credit information respecting the State and respecting the sources for Milestone Payment and Availability Payments The term sheet for the proposed financing transaction structure will be submitted to the Department’s Finance Team for review, consultation and approval. Approval shall be for the purpose of determining that the proposed terms and conditions for the financing transaction structure set forth in the term sheet are the best available under the prevailing market conditions for optimizing the Key Objectives.

Initial Project Documents. The initial approach to the market will be based on the work established through the Core Lender phase. This will include provision of a Preliminary Information Memorandum (“PIM”) with attached documents: The PIM is expected to include: • Project description and Xxxxxxxxx’s proposed solution • Key parties, corporate structure and contractual structure • Proposed financing plan including anticipated TIFIA and PABs allocations • Summary of due diligence carried out to date • Summary risk matrix setting out risk allocations between the Department, Developer and Contractors • Summary of credit information respecting the State and sources for the Milestone Payment and Availability Payments • Timetable and process • Requirements for submission The following documents are likely to be issued as attachments to the PIM: • Contract Documents and all amendments thereto (if any) • Legal due diligence report of Core Lenders’ legal advisor • Insurance due diligence report of Core Lenders’ insurance advisor • Technical due diligence report of Core Lenders’ technical advisor • Term sheet template (i.e. with blanks to complete) setting forth proposed terms and conditions for the financing transaction structure • Financial Model output sheets along with results of sensitivities • Draft or executed contracts (and amendments thereto, if any) with the Lead Contractor and Lead Operations and Maintenance Contractor • Annual reports of Developer’s equity members • Credit information respecting the State and respecting the sources for Milestone Payment and Availability Payments The term sheet for the proposed financing transaction structure will be submitted to the Department’s Finance Team for review, consultation and approval. Approval shall be for the purpose of determining that the proposed terms and conditions for the financing transaction structure set forth in the term sheet are the best available under the prevailing market conditions for optimizing the Key Objectives.