Common use of Purchase and Sale of Facilities Clause in Contracts

Purchase and Sale of Facilities. Upon the “Purchase Date” for a Facility, which date shall be the date on which Delivery of all Bloom Systems comprising such Facility occurs and the Facility Purchase Conditions for the Facility are and remain true and correct, (i) Seller shall have sold, assigned, conveyed, transferred and delivered to Buyer, and Buyer shall have purchased, assumed and acquired from Seller, all of Seller’s right, title and interest in and to such Facility, (ii) except as set forth in Section 3.3(b), the sale of such Facility shall occur, and (iii) Seller shall provide Buyer with (a) a Xxxx of Sale evidencing the same, and (b) lien waivers from each subcontractor performing BOF Work at the applicable Site, stating that such subcontractor has been paid all amounts owed to it as of the date of the lien waiver (the foregoing being “Purchase”).

Purchase and Sale of Facilities. Upon the “Purchase Delivery Date” for a FacilityFacility as provided in the invoice described in Section 2.2(a)(i) above, which date shall in any case may not be the date on which earlier than when Physical Delivery of all Bloom Systems comprising such Facility occurs and occurs, nor any later than the date for which the Facility Purchase Conditions for the Facility are and remain true and correct, (i1) Seller shall have sold, assigned, conveyed, transferred and delivered to Buyer, and Buyer shall have purchased, assumed and acquired from Seller, all of Seller’s right, title and interest in and to such Facility, (ii) except as set forth in Section 3.3(b), the sale of such Facility shall occur, and (iii) Seller shall provide Buyer with (a) a Xxxx of Sale evidencing the same, and (b) lien waivers from each subcontractor performing BOF Work at the applicable Site, stating that such subcontractor has been paid all amounts owed to it as of the date of the lien waiver (the foregoing being “PurchaseDelivery”).. [***] Confidential Treatment Requested

Purchase and Sale of Facilities. Upon the “Purchase Date” for a Facility, which date shall be the date on which Delivery of all Bloom Systems comprising such Facility occurs and the Facility Purchase Conditions for the Facility are and remain true and correct, (ia) Seller shall have sold, assigned, conveyed, transferred and delivered to Buyer, and Buyer shall have purchased, assumed and acquired from Seller, all of Seller’s right, title and interest in and to such Facility, (iib) except as set forth in Section 3.3(b), the sale of such Facility shall occur, and (iiic) Seller shall provide Buyer with (ai) a Xxxx of Sale evidencing the same, and (bii) lien waivers from each subcontractor performing BOF Work at the applicable Site, stating that such subcontractor has been paid all amounts owed to it as of the date of the lien waiver (the foregoing being “Purchase”).

Purchase and Sale of Facilities. Upon the “Purchase Date” for a Facility, which date shall be the date on which Delivery of all Bloom Systems comprising such Facility occurs and the Facility Purchase Conditions for the Facility are and remain true and correct, (i) Seller shall have sold, assigned, conveyed, transferred and delivered to Buyer, and Buyer shall have purchased, assumed and acquired from Seller, all of Seller’s right, title and interest in and to such Facility, (ii) except as set forth in Section 3.3(b), the sale of such Facility shall occur, and (iii) Seller shall provide Buyer with (a) a Xxxx of Sale evidencing the same, and (b) lien waivers from each subcontractor performing BOF Work at the applicable Site, stating that such subcontractor has been paid all amounts owed to it as of the date of the lien waiver (the foregoing being “Purchase”).. [***] Confidential Treatment Requested 22