Natural Gas Supply Agreements. The Borrower will perform its obligations under the Natural Gas Supply Agreements and cause the Utility Providers to perform their obligations thereunder. Borrower will, at its own cost and expense, perform, comply with and discharge all of the obligations of Borrower under the Natural Gas Supply Agreements and use all efforts to enforce or secure the performance of each obligation and undertaking of the Utility Providers under the Natural Gas Supply Agreements. Borrower shall permit no surrender nor assignment of the Borrower’s interest under the Natural Gas Supply Agreements nor execute any mortgage or create or permit a Lien which may be or become superior to the Mortgage and Loan Documents, nor permit a subordination of the Natural Gas Supply Agreements to any mortgage or Lien. Borrower will not modify or amend the terms of the Natural Gas Supply Agreements nor excuse or waive any default of the Utility Providers thereunder without the prior written consent of Lender.
Natural Gas Supply Agreements. The Natural Gas Supply Agreements are in full force and effect and no default exists thereunder and the Borrower will perform its obligations thereunder and cause the Utility Providers to perform their respective obligations thereunder. All obligations on the part of the Utility Providers under the Natural Gas Supply Agreements have been fully complied with.
Natural Gas Supply Agreements. Any default by the Borrower under any Natural Gas Supply Agreement which is not cured within the applicable cure period.
Natural Gas Supply Agreements. Buyer reserves the right to review and approve the natural gas supply agreement(s) that Seller enters into for the Facility, such approval not to be unreasonably withheld.
Natural Gas Supply Agreements. On or before 90 days prior to the First Advance Borrower shall provide the Lender evidence that all Utility Preconditions have been met. The Borrower will perform its obligations under the Natural Gas Supply Agreements and cause the Utility Providers to perform their obligations thereunder. In particular the Borrower shall cause the Natural Gas Supply Provider and Natural Gas Supply Distributor to construct the respective Natural Gas Supply System with no defenses, setoffs, or counterclaims pursuant to a fixed price general contract with licensed general contractors of known reputation and skill sufficient to timely construct the Natural Gas Supply System in order to meet the requirements of the Design Build Agreement and Start-Up which general contracts and general contractors shall meet with Lender’s prior written approval. Borrower will, at its own cost and expense, perform, comply with and discharge all of the obligations of Borrower under the Natural Gas Supply Agreements and use all efforts to enforce or secure the performance of each obligation and undertaking of the Utility Providers under the Natural Gas Supply Agreements. Borrower shall permit no surrender nor assignment of the Borrower’s interest under the Natural Gas Supply Agreements nor execute any mortgage or create or permit a lien which may be or become superior to the Mortgage and Loan Documents, nor permit a subordination of the Natural Gas Supply Agreements to any mortgage or lien. Borrower will not modify or amend the terms of the Natural Gas Supply Agreements nor excuse or waive any default of the Utility Providers thereunder without the prior written consent of Lender.
Natural Gas Supply Agreements. The Natural Gas Supply Agreements shall have been executed and delivered in form and content satisfactory to Lender, the Utility Preconditions shall have been satisfied and the obligations of the Utility Providers to perform thereunder shall be in full force and effect without any setoff, objection or defense to perform thereunder and the Utility Providers shall have each executed and delivered to Lender a Service Provider’s Consent consenting to and acknowledging the assignment of the Natural Gas Supply Agreements to Lender as collateral for the Loan.
