Common use of Master Advance Notice Clause in Contracts

Master Advance Notice. (a) The Borrower may request an Advance under the DOE Credit Facility and/or an Equity Advance by delivering to the Credit Parties and the Lender’s Engineer, not less than eleven (11) Business Days prior to the Requested Advance Date, an appropriately completed Master Advance Notice with respect to such Advance and/or Equity Advance. The Borrower may request an Advance and/or an Equity Advance no more frequently than once per calendar month. (b) Each Master Advance Notice shall specify: (i) the amount of the Advance requested under the DOE Credit Facility, if any, which shall be in the minimum amount and increments required by the DOE Credit Facility Documents and the amount of the Equity Advance requested, if any; (ii) the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, or the requested date for the Equity Advance, if the Master Advance Notice does not include a request for an Advance, which, in each case, shall be any Business Day; (iii) pursuant to Section 2.4.2, the amount of Base Equity and Overrun Equity to be disbursed from the Base Equity Account and the Overrun Equity Account on the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, or the requested date for the Equity Advance, if the Master Advance Notice does not include a request for an Advance; (iv) the aggregate amount, on a prospective basis after giving effect to the requested Advance, if any, and the requested Equity Advance, if any, of (A) all Advances outstanding under the DOE Credit Facility, (B) the amount of the Approved Pre-Closing Equity Credit, and (C) all Base Equity and Overrun Equity (if any) disbursed from the Base Equity Account and the Overrun Equity Account or in cash; (v) the Project Costs being financed using the proceeds of the requested Advance, and/or Equity Advance, which shall be only Eligible Base Project Costs; (vi) [Reserved]; (vii) that (A) the representations and warranties of the Borrower contained in the Loan Documents to which the Borrower is a party are true, correct and complete in all material respects on and as of the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, or the requested date for the Equity Advance, if the Master Advance Notice does not include a requested for an Advance (other than to the extent such representations and warranties relate solely to an earlier date), (B) no Event of Default or Potential Default has occurred and is continuing, and (C) such other matters as are required to be certified by the Borrower pursuant to Section 4.2; and (viii) Such other information as may be required in the form of Master Advance Notice. (c) The Borrower shall include as attachments to each Master Advance Notice, and shall deliver the same to the Loan Servicer: (i) a draft of the FFB Advance Request with respect to any requested Advance, together with any information necessary for FFB and the Loan Servicer to process such request; and (ii) all other certificates and documentation required in respect of such Advance under the DOE Credit Facility Documents and the related Loan Documents.

Master Advance Notice. (a) The Borrower may request an Advance Advances under the DOE Credit Facility and/or an Equity Advance by delivering to the Credit Parties and the Lender’s Lenders’ Engineer, at any time after the Periodic Approval Date but not less than eleven (11) ten Business Days prior to the Requested Advance Date, an appropriately completed Master Advance Notice with respect to such Advance and/or Equity AdvanceAdvances. The Borrower may request an Advance and/or an Equity Advance Advances no more frequently than once twice per calendar month. (b) Each Master Advance Notice shall specify: (i) the amount of the Advance requested under the DOE Credit Facility, if any, which shall be in the minimum amount and increments required by the DOE Credit Facility Documents and the amount of the Equity Advance requested, if anyDocuments; (ii) the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, or the requested date for the Equity Advance, if the Master Advance Notice does not include a request for an Advance, which, in each case, which shall be any Business Day; (iii) pursuant to Section 2.4.2, (A) the portion of the Approved Pre-Closing Equity Credit to be allocated as Base Equity with respect to the requested Advances (not to exceed the Approved Pre-Closing Equity Credit Balance), and (B) the amount of Base Equity and Overrun Equity to be disbursed transferred from the Base Equity Funding Account and the Overrun Equity Account on the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, prior to or the requested date for the Equity Advance, if the Master Advance Notice does not include a request for an Advanceconcurrently with such Advances; (iv) the aggregate amount, on a prospective basis after giving effect to the requested Advance, if any, and the requested Equity Advance, if anyAdvances, of (A) all Advances outstanding under the DOE Credit Facility, (B) the amount of all Equity Contributions allocated from the Approved Pre-Closing Equity CreditCredit as Base Equity with respect to outstanding Advances, and (C) all Base Equity and Overrun Equity (if any) disbursed contributed from the Base Equity Account and the Overrun Equity Funding Account or in cashcash with respect to outstanding Advances, and (D) the revised Approved Pre-Closing Equity Credit Balance, if greater than zero; (v) the Project Costs being financed using the proceeds of the requested Advance, and/or Equity AdvanceAdvances, which shall be only Eligible Base Project Costs; (vi) [Reserved]; (vii) that (A) the representations and warranties of the Borrower contained in the Loan Documents to which the Borrower is a party are true, correct and complete in all material respects on and as of the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, or the requested date for the Equity Advance, if the Master Advance Notice does not include a requested for an Advance (other than to the extent such representations and warranties relate solely to an earlier date), (B) no Event of Default or Potential Default has occurred and is continuing, and (C) such other matters as are required to be certified by the Borrower pursuant to Section 4.2; and (viii) Such other information as may be required in the form of Master Advance Notice. (c) The Borrower shall include as attachments to each Master Advance Notice, and shall deliver the same to the Loan Servicer: (i) a draft of the FFB Advance Request with respect to any requested Advance, together with any information necessary for FFB and the Loan Servicer to process such request; and (ii) all other certificates and documentation required in respect of such Advance under the DOE Credit Facility Documents and the related Loan Documents.

Master Advance Notice. (a) The Borrower may request an Advance under the DOE Credit Facility and/or an Equity Advance Documents by delivering to the Credit Parties and the Lender’s Engineer, within three (3) months after the Quarterly Approval Date but not less than eleven ten (1110) Business Days prior to the Requested Advance Date, an appropriately completed Master Advance Notice with respect to such Advance and/or Equity Advance. The Borrower may request an Advance and/or an Equity Advance no more frequently than once per calendar month; provided, however, that the Borrower may request one additional Advance in any calendar month that includes a Principal Payment Date, but only for the purpose of paying interest owing on the outstanding DOE Guaranteed Loan that constitutes Eligible Base Project Costs. (b) Each Master Advance Notice shall specify: (i) the amount of the Advance requested under the DOE Credit Facility, if anyFacility Documents, which shall be in the minimum amount and increments required by the DOE Credit Facility Documents and the amount of the Equity Advance requested, if anyDocuments; (ii) the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, or the requested date for the Equity Advance, if the Master Advance Notice does not include a request for an Advance, which, in each case, which shall be any Business Day; (iii) pursuant to Section 2.4.2, (A) the portion of the Approved Pre-Closing Equity Credit to be allocated as Base Equity with respect to a requested Advance (not to exceed the Approved Pre-Closing Equity Credit Balance), and (B) the amount of Base Equity and Overrun Equity to be disbursed transferred from the Base Equity Contribution Account and the Overrun Equity Account on the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, prior to or the requested date for the Equity Advance, if the Master Advance Notice does not include a request for an Advanceconcurrently with such Advances; (iv) the aggregate amount, on a prospective basis after giving effect to the requested Advance, if any, and the requested Equity Advance, if any, of (A) all Advances outstanding under the DOE Credit FacilityFacility Documents, (B) the amount of all Equity Contributions allocated from the Approved Pre-Closing Equity CreditCredit as Base Equity with respect to outstanding Advances, and (C) all Base Equity and Overrun Equity (if any) disbursed contributed from the Base Equity Account and the Overrun Equity Contribution Account or in cashcash with respect to outstanding Advances, and (D) the revised Approved Pre-Closing Equity Credit Balance, if greater than zero; (v) the Project Costs being financed using the proceeds of the requested Advance, and/or Equity AdvanceAdvances, which shall be only Eligible Base Project Costs; (vi) [Reserved]if applicable, the “Prepayment Election” (as defined in the FFB Promissory Note) for such Advance as set forth in the FFB Advance Request; (vii) that (A) the representations and warranties of the Borrower contained in the Loan Documents to which the Borrower is a party are true, correct and complete in all material respects on and as of the Requested Advance Date, if the Master Advance Notice includes a request for an Advance, or the requested date for the Equity Advance, if the Master Advance Notice does not include a requested for an Advance (other than to the extent such representations and warranties relate solely to an earlier date), (B) no Event of Default or Potential Default has occurred and is continuing, and (C) such other matters as are required to be certified by the Borrower pursuant to Section 4.24.3; and (viii) Such other information as may be required in the form of Master Advance Notice, if applicable. (c) The Borrower shall include as attachments to each Master Advance Notice, and shall deliver the same to DOE and the Loan Servicer: (i) a draft of the FFB Advance Request with respect to any the requested Advance, together with any information necessary for FFB and the Loan Servicer DOE to process such request; and (ii) all other certificates and documentation required in respect of such Advance under the DOE Credit Facility Documents and the related Loan Documents.