OPERATIVE DOCUMENTS AND PROJECT DOCUMENTS. On or before the Closing Date, each of the Operative Documents to be delivered at the Closing shall have been duly authorized, executed and delivered by the parties thereto (if attached as an Exhibit hereto, in substantially the form attached as such Exhibit or if not so attached, in form and substance satisfactory to each Transaction Party), shall each be in full force and effect, and executed counterparts of each shall have been delivered to each of the parties hereto (other than the Tax Indemnity Agreement, which shall only be provided to the parties thereto). On or before the Closing Date, Xxxxx City shall have delivered to the Owner Lessor each of the Project Documents described in clause (a) of the definition thereof, all of which shall have been duly authorized, executed and delivered by Xxxxx City and shall be in full force and effect.
Appears in 4 contracts
Samples: Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp), Participation Agreement (Eme Homer City Generation Lp)
OPERATIVE DOCUMENTS AND PROJECT DOCUMENTS. On or before the Closing Date, each of the Operative Documents to be delivered at the Closing shall have been duly authorized, executed and delivered by the parties thereto (if attached as an Exhibit hereto, in substantially the form attached as such Exhibit or if not so attached, in form and substance satisfactory to each Transaction Party), shall each be in full force and effect, and executed counterparts of each shall have been delivered to each of the parties hereto (other than the Tax Indemnity Agreement, which shall only be provided to the parties thereto). On or before the Closing Date, Xxxxx City shall have delivered to the Owner Lessor each of the Material Project Documents described in clause (a) of the definition thereof, Agreements all of which shall have been duly authorized, executed and delivered by Xxxxx City and shall be in full force and effect.
Appears in 1 contract
Samples: Participation Agreement (Eme Homer City Generation Lp)