Initial Representations and Warranties of the Obligors. Each Obligor makes the following, and no other, common representations and warranties to each Facility Lender. Each such representation and warranty is made at the Closing Date only:
(a) Conduct of Business
Initial Representations and Warranties of the Obligors. Each Obligor makes the following, and no other, common representations and warranties to each Facility Lender. Each such representation and warranty is made at the Upsize Closing Date only:
(a) Conduct of Business
(b) Material Permits
(i) All material Permits (other than the FERC Order and the Export Authorizations) necessary for the Development are set forth in Schedule F (Material Permits) hereto, and:
(A) as to those identified as such in the relevant schedule, have been duly obtained, were validly issued, are in full force and effect, and are not the subject of any pending appeal (or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal) and all applicable fixed time periods for appeal set forth in the Government Rules pursuant to which such Permits were issued have expired or are Permits that do not have limits on appeal periods; or
(B) as to those identified as such in the relevant schedule, are expected by the Obligors to be obtained in the ordinary course by the time they are necessary for the Development; and
(C) in the case of the Permits described in sub-clause (A) above, are, or, in the case of the Permits described in sub-clause (B) above, are reasonably expected to be, free from conditions or requirements:
(1) the compliance with which could reasonably be expected to have a Material Adverse Effect; or
(2) which the Obligors do not expect to be able to satisfy on or prior to the commencement of the relevant stage of Development for which such Permit is necessary, except to the extent that a failure to so satisfy such condition or requirement could not reasonably be expected to have a Material Adverse Effect.
(ii) In respect of each Obligor, to its Knowledge, there is no action, suit or proceeding pending with respect to any material Permit set forth in Schedule F (Material Permits) attached hereto (not including the FERC Order or any Export Authorization) that could reasonably be expected to result in a Material Adverse Effect or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal.
