Common use of Physical Completion Certificate Clause in Contracts

Physical Completion Certificate. Receipt by the Intercreditor Agent of a certificate from the Independent Engineer confirming: (i) that the Project Phase 1 Completion Date has occurred; (ii) that Facility Substantial Completion (as such term is defined in the Phase 2 EPC Contract) has occurred pursuant to the Phase 2 EPC Contract (subject to the completion of any punch list items under the Phase 2 EPC Contract); (iii) the applicable performance tests under each of the Phase 2 Material Construction Contracts have been successfully passed in accordance with such Phase 2 Material Construction Contract; (iv) the Lenders’ Reliability Test has been passed in accordance with the test criteria set out in Schedule O – 2 (Lenders’ Reliability Test Criteria) hereto and the “LRT Completion Certificate” contemplated thereby has been delivered to the Intercreditor Agent; (v) the Borrower’s calculation of the Permitted Completion Costs and that the Borrower has reserved an amount sufficient for the Permitted Completion Costs; and (vi) the Phase 2 LNG Facility is Operational.

Physical Completion Certificate. Receipt by the Intercreditor Agent of a certificate from the Independent Engineer confirming: (i) that the Project Phase 1 Completion Date has occurred; (iix) that Facility Substantial Completion (as such term is defined in the Phase 2 1 EPC Contract) has occurred pursuant to the Phase 2 1 EPC Contract (subject to the completion of any punch list items under the Phase 2 1 EPC Contract)) and (y) Mechanical Completion (as such term is defined in the Sunland Pipeline Construction Contract) has occurred pursuant to the Sunland Pipeline Construction Contract; (iiiii) the applicable performance tests under each of the Phase 2 1 Material Construction Contracts have been successfully passed in accordance with such Phase 2 1 Material Construction Contract; (iviii) the Phase 1 Lenders’ Reliability Test has been passed in accordance with the test criteria set out in Schedule O – 2 1 (Phase 1 Lenders’ Reliability Test Criteria) hereto and the “LRT Completion Certificate” contemplated thereby has been delivered to the Intercreditor Agent; ; (viv) in addition to funds required to achieve the Borrower’s calculation of the Permitted Project Phase 2 Completion Costs and that the Borrower has reserved an amount sufficient for the Permitted Completion Costs; and (vi) Date by the Phase 2 LNG Facility is Operational.Date Certain (and without taking into account any funds or commitments used to satisfy the Contingency Reserve Amount on a pro forma basis after the Project Phase 1 Completion Date) the Borrower has access to sufficient funds to fund the Phase 1 Punch List Amount; and

Physical Completion Certificate. Receipt by the Intercreditor Agent of a certificate from the Independent Engineer confirming: (i) that the Project Phase 1 Completion Date has occurred; (iix) that Facility Substantial Completion (as such term is defined in the Phase 2 1 EPC Contract) has occurred pursuant to the Phase 2 1 EPC Contract (subject to the completion of any punch list items under the Phase 2 1 EPC Contract)) and (y) Mechanical Completion (as such term is defined in the Sunland Pipeline Construction Contract) has occurred pursuant to the Sunland Pipeline Construction Contract; (iiiii) the applicable performance tests under each of the Phase 2 1 Material Construction Contracts have been successfully passed in accordance with such Phase 2 1 Material Construction Contract; (iviii) the Phase 1 Lenders’ Reliability Test has been passed in accordance with the test criteria set out in Schedule O – 2 1 (Phase 1 Lenders’ Reliability Test Criteria) hereto and the “LRT Completion Certificate” contemplated thereby has been delivered to the Intercreditor Agent; (viv) in addition to funds required to achieve the Borrower’s calculation of the Permitted Project Phase 2 Completion Costs and that the Borrower has reserved an amount sufficient for the Permitted Completion Costs; and (vi) Date by the Phase 2 LNG Facility is Date Certain (and without taking into account any funds or commitments used to satisfy the Contingency Reserve Amount on a pro forma basis after the Project Phase 1 Completion Date) the Borrower has access to sufficient funds to fund the Phase 1 Punch List Amount; and (v) the Phase 1 Project Facilities are Operational.