Lien Releases; No Liens. Borrower shall have delivered to Administrative Agent to the extent required to be delivered by the applicable counterparty pursuant to the terms of the applicable Material Construction Contract, a duly executed conditional waiver and release of liens on progress payment (for purposes of this Section 4.04(c), a “lien waiver”) from each of the EPC Contractors and, to the extent the aggregate contract price under any contract entered into with a subcontractor or supplier exceeds $500,000 for any interim payment or $500,000 for any final payment, from each such subcontractor or supplier under the Material Construction Contracts providing for construction services on, or delivery of, any equipment or materials to, any Real Property (including any subcontractor or supplier engaged pursuant to a subcontract with a contractor under the Material Construction Contracts other than any such subcontractor or supplier that is not required to deliver such lien waivers by the terms of the Material Construction Contracts) to be paid from funds requested under the related disbursement, which lien waivers shall each be dated no earlier than the invoice delivered by the applicable counterparty which is to be paid from the requested disbursement and shall be substantially consistent with any relevant requirements of the applicable Material Construction Contract and in the form required pursuant to California law; provided that any such lien waiver may be contingent upon receipt of payment with respect to the work, services and materials to be paid for with the requested funds.
Lien Releases; No Liens. Each Co-Borrower shall have delivered to Administrative Agent to the extent required to be delivered by the applicable counterparty pursuant to the terms of the applicable Major Project Document, duly executed lien releases or waivers from EPC Contractor and, to the extent the aggregate contract price under any contract entered into with a subcontractor or supplier exceeds $1,000,000 for any interim payment or $1,000,000 for any final payment, from each such subcontractor or supplier under the Construction and Equipment Contracts or any other Major Project Document providing for construction services on, or delivery of any equipment or materials to, any Real Property (including any subcontractor or supplier engaged pursuant to a subcontract with a contractor under the EPC Contract other than any such subcontractor or supplier that is not required to deliver such lien waivers by the terms of the EPC Contract) to be paid from funds requested under the related Borrowing, or to be paid from any other funds on deposit in the Construction Account prior to the date of the next Borrowing hereunder, which lien releases or waivers shall each be dated no earlier than the invoice delivered by the applicable counterparty which is to be paid from the requested Borrowing and shall be substantially consistent with any relevant requirements of the applicable Major Project Document and in the form required pursuant to Ohio law. There has not been filed with or served upon any Co-Borrower or the Project (or any part thereof) notice of any Lien, claim of Lien or attachment upon or claim affecting the right to receive payment of any of the moneys payable to any of the Persons named on such request which has not been released or in respect of which a bond or other security reasonably acceptable to Administrative Agent has not been posted or provided or which will not be released with the payment of such obligation out of such Loan other than Permitted Liens.
