Common use of Revision of Plans and Specifications Clause in Contracts

Revision of Plans and Specifications. The Company may consent to one or more revisions to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 3 contracts

Samples: Loan Agreement (Tucson Electric Power Co), Loan Agreement (Tucson Electric Power Co), Loan Agreement (Tucson Electric Power Co)

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Revision of Plans and Specifications. The Company may consent make or exercise its rights, powers, elections and options under the Plant Agreements to cause to be made, one or more revisions to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

Revision of Plans and Specifications. The Company may consent make, or exercise its rights, powers, elections and options under the Plant Agreements to cause to be made, one or more revisions to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

Revision of Plans and Specifications. The Company may consent to cause one or more revisions to be made to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 3.03 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

Revision of Plans and Specifications. The Company may consent make, or exercise its rights, powers, elections and options under the Plant Agreements to cause to be made one or more revisions to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Unisource Energy Corp)

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Revision of Plans and Specifications. The Company may consent to cause one or more revisions to be made to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 3.04 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Unisource Energy Corp)

Revision of Plans and Specifications. The Company may consent to one or more revisions to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority Pollution Control Corporation and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

Revision of Plans and Specifications. The Company may consent to one or more revisions to the plans and specifications for the Facilities (including without limitation any changes therein, additions thereto, substitutions therefor and deletions therefrom), at any time and from time to time prior to the Completion Date in any respect; provided, however, that, if any such revision shall render inaccurate the description of the Facilities contained in Exhibit A hereto, the Company shall deliver to the Authority Pollution Control Corporation and the Trustee (a) a revised Exhibit A containing a description of the Facilities as revised, the accuracy of which shall have been certified by an Authorized Company Representative, and (b) an opinion of Bond Counsel to the effect that the Facilities as described in the revised Exhibit A are such that the expenditure of the proceeds of the Bonds pursuant to this Agreement will not, in and of itself, impair the validity of the Bonds under the Act or the exclusion from gross income for federal tax purposes of interest on the Bonds. A revision of Exhibit A hereto pursuant to this Section 3.02 3.03 shall not constitute an amendment, change or modification of this Agreement within the meaning of Article XII of the Indenture.

Appears in 1 contract

Samples: Loan Agreement (Tucson Electric Power Co)

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