Provision of a Sample Clauses

Provision of a certificate from the Borrower that all Required Approvals on the date of the proposed Utilisation have been obtained (including a schedule of all such Required Approvals).

Provision of a. Suitability Report in case of investment advice. In cases of providing investment advice by means of distance communication, such as by telephone or computer, the Company is not technically able to provide a suitability report before the execution of the transaction. In these cases and unless different specific instructions are givem: Choose Client signature I wish the transaction to be delayed in order to receive and study the suitability report before the transaction is materialised I agree to receive the suitability report after the transaction is completed, instead of delaying the transaction in order to receive the document first.

Provision of a. CHP plant To agree the design and specification of a CHP plant prior to the submission of any RM application in the District Centre or by the occupation of 200 dwellings on the site whichever is the earlier, capable of serving all the development at Chilmington Green, unless otherwise agreed by the LPA. To construct the plant prior to the occupation of any floorspace in the District Centre or by the occupation of 500 dwellings whichever is the earlier. To provide underground ducting to all properties to enable them to receive energy generated by the CHP plant, unless otherwise agreed by the LPA. Once installed, the plant shall be retained in effective working order. Design and specification to be approved by the LPA prior to occupation of 200 dwellings on the site. Agree design = prior to 200 dwellings. Construct = prior to occupation of 500 dwellings. Core Strategy - policies CS1, CS9 and CS10 (C), the Sustainable Design and Construction SPD and guidance in the NPPF. AAP – CG0, CG19, Chapter 10 policy CG19 requires a district heating system supported by a Combined Heat and Power system. Sustainable Design and Construction SPD See Head 2 above.

Provision of a. Progress Report, or, for a Payment Claim for the final Deliverable under this Agreement, provision of a Completion Report.

Provision of a certificate from the Borrower that the Repeating Representations to be made by each Obligor are, in the light of the facts and circumstances then existing, true and correct in all material respects (or, in the case of a Repeating Representation that contains a materiality concept, true and correct in all respects). 1. Provision of an Accession Letter, duly executed by the Additional Obligor and the Borrower. 2. Provision of certified copies of the Additional Obligor’s constitutional documents and certificates of incorporation (or equivalent). 3. A copy of a resolution of the board of directors of the Additional Obligor approving the terms of, and the transactions contemplated by, the Accession Letter and the Finance Documents and resolving that one or more specified persons execute the Accession Letter and any other documents and notices in connection with the Finance Documents. 4. A specimen signature of each person authorised to execute the Accession Letter and any other documents and notices in connection with the Finance Documents. 5. A certificate of the Additional Obligor (signed by a director) confirming that borrowing or guaranteeing or securing, as appropriate, the Total Commitments would not cause any borrowing, guarantee, security or similar limit binding on it to be exceeded. 6. A certificate of an Authorised Signatory of the Additional Obligor certifying that each copy document listed in this Part II of Schedule 2 (Conditions Precedent Required to be Delivered by an Additional Obligor) is correct, complete and in full force and effect as at a date no earlier than the date of the Accession Letter. 7. A copy of any Authorisation or other document, opinion or assurance which the Facility Agent considers to be necessary or desirable in connection with the entry into and performance of the transactions contemplated by the Accession Letter or for the validity and enforceability of any Finance Document. 8. If available, the latest audited financial statements of the Additional Obligor. 9. Receipt by the Facility Agent of any appropriate legal opinions. 10. If the proposed Additional Obligor is incorporated in a jurisdiction other than England and Wales, evidence that the process agent specified in clause 40 (Service of Process), if not an Obligor, has accepted its appointment in relation to the proposed Additional Obligor.

Provision of a certificate signed by a Financial Officer of the Borrower: (a) confirming that no voluntary or mandatory prepayments (in any manner whatsoever, including by way of cash payment made pursuant to any exchange offer) have been made to creditors of members of the Group from (and including) the period commencing September 1, 2015 until (and including) December 31, 2015, other than as disclosed in Schedule 3 to the French Consent Response Letter; (b) providing details of the Financial Indebtedness (including any Hedging Agreement (and, in relation to the currency forward exchange contracts only, the related xxxx to market) which could give rise to Financial Indebtedness referred to in clause (g) of the definition of “Financial Indebtedness”) of the Group outstanding on November 30, 2015, and confirming that no such Financial Indebtedness (other than the Hedging Agreements) amortizes or is scheduled to be repaid prior to July 16, 2018, other than as set out in Schedule 5 to the French Consent Response Letter; (c) confirming that no Financial Indebtedness has been, or will be, incurred by any member of the Group between November 30, 2015, and the Amendment Effective Date (other than the U.S. Term Loan Credit Agreement and ordinary course of business overdrafts, small equipment leasing, similar short term facilities and ordinary course currency hedging, in each case as permitted by the Existing Credit Agreement and the Amended and Restated Credit Agreement); (d) confirming that there is no security (other than security permitted under paragraphs (c) or (w) of the definition of Permitted Security) granted over bank accounts used for the purposes of the cash-pooling arrangements within the Group other than under the Collateral (as defined in the Intercreditor Agreement); and (i) confirming that all leverage covenants in the French Revolving Facility Agreement, in the U.S. Term Loan Credit Agreement and in the Nordic Facility Agreement have been reset, or will be reset concomitantly with the signing of this Amendment, subject to conditions which are only conditions to their entry into effect and which are not materially more onerous than the conditions precedent referred to in Schedules 1 and 2 of this Amendment, at levels which are not more favorable to the creditors under such Relevant Financial Indebtedness than the levels of the corresponding leverage covenants in the Amended and Restated Credit Agreement as from the Amendment Effective Date and (ii) providing a c...

Provision of a certificate signed by a Financial Officer of the Borrower: (a) confirming that: (i) no Default or Event of Default has occurred and is continuing on the date hereof or would result from the entering into effect of the Amended and Restated Credit Agreement; (ii) no release of any Guarantee or release of any Security Document has occurred, or shall occur, between December 22, 2015, and the Amendment Effective Date; (b) attaching a correct, complete and up-to-date: (i) Group structure chart; and (ii) list of: