Seller Warranties. The Seller represents and warrants to the Buyer as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warranty, that: 12.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise its execution of and to fulfil its obligations under this Agreement; 12.1.2 its obligations under this Agreement are legal, valid and binding and enforceable against it, in accordance with the terms of this Agreement; 12.1.3 the execution and performance of this Agreement does not and will not contravene any provision of the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Date, or any order or other decision of any Responsible Authority or arbitrator that is binding on the Seller as at the Effective Date; 12.1.4 the Seller will not through the execution and performance of this Agreement receive any additional financial benefit for the same energy that is being incentivised under any other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement; 12.1.5 all Consents required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent; 12.1.6 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets.
Appears in 2 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement (Ppa)
Seller Warranties. The Seller represents and warrants to the Buyer DoE as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warrantyTerm, that:
12.1.1 23.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise its execution of and to fulfil its obligations under this AgreementAgreement and the Project Documents;
12.1.2 23.1.2 it has the sole purpose, object and business of undertaking the Project and selling Energy Output in terms of the PPA;
23.1.3 its obligations under this Agreement and its rights and obligations under the Project Documents to which it is a party are legal, valid and binding and enforceable against it, in accordance with the terms of this AgreementAgreement and such Project Documents to which it is a party;
12.1.3 23.1.4 all the Project Documents have been duly executed on proper authority and are in full force and effect as at the Signature Date, save for those Project Documents identified in Schedule 6 (Project Documents) that will be executed in the Agreed Form after the Signature Date on proper authority;
23.1.5 the execution and performance of this Agreement does any Project Documents do not and will not contravene any provision of the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Signature Date, or any order or other decision of any Responsible Authority or arbitrator that is binding on the Seller as at the Effective Signature Date;
12.1.4 the Seller will not through the execution and performance of this Agreement receive any additional financial benefit for the same energy that is being incentivised under any other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement;
12.1.5 23.1.6 all Consents required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent;
12.1.6 23.1.7 no litigation, arbitration, investigation or administrative proceeding is in progress as at the Signature Date or, to the best of the knowledge of the Seller as at the Signature Date (having made all reasonable enquiries), threatened against it or any of the Contractors, which is likely to have a material adverse effect on the ability of the Seller to conduct the Project;
23.1.8 the Seller is not subject to any obligation or non-compliance which is likely to have a material adverse effect on its ability to conduct the Project;
23.1.9 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets;
23.1.10 it has not carried out any trading or business activities since its incorporation or incurred any liabilities other than in connection with the operations of the Project (including the entering into of this Agreement and the other Project Documents);
23.1.11 all information disclosed by or on behalf of the Seller to the DoE at any time up to the Signature Date and, in particular, during the bid process preceding the award of this Agreement to the Seller, is true, complete and accurate in all material respects and the Seller is not aware of any material facts or circumstances not disclosed to the DoE which would, if disclosed, be likely to have an adverse effect on the DoE’s decision (acting reasonably) to enter into this Agreement with the Seller; and
23.1.12 the copies of the executed Project Documents, which have been delivered to the DoE, are true and complete copies of such Project Documents and there are no other documents replacing or relating to any such Project Documents, which would materially affect the performance of these Project Documents.
23.1.13 as at the Signature Date:
23.1.13.1 the Seller has an authorised and issued share capital as set out in the Seller's shareholders agreement;
23.1.13.2 all shares in the issued share capital of the Seller are legally and beneficially owned as represented in the Seller's shareholders agreement;
23.1.13.3 save as provided in the Financing Agreements or the Seller's shareholders agreement, no person has the right (whether actual or contingent) to call for the issue of any share or loan capital in the Seller whether pursuant to any option or otherwise including any realisation of security;
23.1.13.4 save as provided in the Financing Agreements (in respect of all of the security provided by the Seller to the Lenders or their nominee) or the Seller's shareholders agreement, there are no Encumbrances over or affecting any of the Equity or the Shareholder Loans and there is no agreement or commitment to grant or create any such Encumbrance;
23.1.14 no person (whether the Seller, a Shareholder, Contractor or any other third person) has paid or agreed to pay any Success Payment in respect of, in connection with or pursuant to the Project, other than the Success Payments detailed in the Financial Model; and
23.1.15 the aggregate amount of the Success Payments paid or to be paid in respect of, in connection with or pursuant to the Project by any person (whether the Seller, a Shareholder, Contractor or any third person) are not gratuitously large when compared to the Total Project Costs.
Appears in 2 contracts
Seller Warranties. The Seller represents and warrants to the Buyer as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warrantyTerm, that:
12.1.1 31.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise its execution of and to fulfil its obligations under this Agreement and the Project Documents;
31.1.2 it has the purpose, object and business of undertaking the Project and selling Energy in terms of this Agreement;
12.1.2 31.1.3 it has fully investigated the Project Site and has satisfied itself as to the Project Site’s adequacy and suitability for the purposes of the Project and this Agreement;
31.1.4 its obligations under this Agreement and its rights and obligations under the Project Agreements to which it is a party are legal, valid and binding and enforceable against it, in accordance with the terms of this AgreementAgreement and such Project Agreements to which it is a party;
12.1.3 31.1.5 it has obtained all the Seller Approvals;
31.1.6 all the Project Agreements have been duly executed on proper authority and are in full force and effect as at the Signature Date, save for those Project Documents identified in Schedule 10 (Project Documents) that will be executed in the Agreed Form after the Signature Date on proper authority;
31.1.7 the execution and performance of this Agreement does any Project Agreements do not and will not contravene any provision of this Agreement, the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Signature Date, or any order or other decision of any Responsible Competent Authority or arbitrator that is binding on the Seller as at the Effective Signature Date;
12.1.4 the Seller will not through the execution and performance of this Agreement receive any additional financial benefit for the same energy that is being incentivised under any other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement;
12.1.5 31.1.8 all Consents required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent;
12.1.6 31.1.9 no litigation, arbitration, investigation or administrative proceeding is in progress as at the Signature Date or, to the best of the knowledge of the Seller as at the Signature Date (having made all reasonable enquiries), threatened against it, which is likely to have a material adverse effect on the ability of the Seller to conduct the Project;
31.1.10 the Seller is not subject to any obligation or non-compliance which is likely to have a material adverse effect on its ability to conduct the Project;
31.1.11 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets;
31.1.12 all information disclosed by or on behalf of the Seller to the Buyer at any time up to the Signature Date and, in particular, during the bid process preceding the award of this Project to the Seller, is true, complete and accurate in all material respects and the Seller is not aware of any material facts or circumstances not disclosed to the Buyer which would, if disclosed, be likely to have an adverse effect on the Buyer’s decision (acting reasonably) to enter into this Agreement with the Seller; and
31.1.13 copies of all the Project Agreements have been or will be delivered to the Buyer in accordance with the terms of this Agreement, and are or will be true and complete copies of such Project Agreements, and there are no other documents replacing or relating to any such Project Agreements, which would materially affect the performance of these Project Agreements or this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Seller Warranties. The Seller represents and warrants to the Buyer as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warrantyTerm, that:
12.1.1 34.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise authorize its execution of and to fulfil its obligations under this Agreement;
12.1.2 fulfill its obligations under this Agreement and the Project Documents;
34.1.2 it has the purpose, object and business of undertaking the Project and selling Energy in terms of this Agreement;
34.1.3 its obligations under this Agreement and its rights and obligations under the Project Documents to which it is a party are legal, valid and binding and enforceable against it, in accordance with the terms of this AgreementAgreement and such Project Documents to which it is a party;
12.1.3 34.1.4 all the Project Documents have been duly executed on proper authority and are in full force and effect as at the Signature Date, save for those Project Documents identified in Schedule 6 (Project Documents) that will be executed in the Agreed Form after the Signature Date on proper authority;
34.1.5 the execution and performance of this Agreement does any Project Documents do not and will not contravene any provision of this Agreement, the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Signature Date, or any order or other decision of any Responsible Authority or arbitrator that is binding on the Seller as at the Effective Signature Date;
12.1.4 the Seller will not through the execution and performance of this Agreement receive any additional financial benefit for the same energy that is being incentivised under any other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement;
12.1.5 34.1.6 all Consents required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent;
12.1.6 34.1.7 no litigation, arbitration, investigation or administrative proceeding is in progress as at the Signature Date or, to the best of the knowledge of the Seller as at the Signature Date (having made all reasonable enquiries), threatened against it or any of the Contractors, which is likely to have a material adverse effect on the ability of the Seller to conduct the Project;
34.1.8 the Seller is not subject to any obligation or non-compliance which is likely to have a material adverse effect on its ability to conduct the Project;
34.1.9 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets;
34.1.10 all information disclosed by or on behalf of the Seller to the Buyer at any time up to the Signature Date and, in particular, during the bid process preceding the award of this Agreement to the Seller, is true, complete and accurate in all material respects and the Seller is not aware of any material facts or circumstances not disclosed to the Buyer which would, if disclosed, be likely to have an adverse effect on the Buyer’s decision (acting reasonably) to enter into this Agreement with the Seller; and
34.1.11 copies of all the Project Documents have been or will be delivered to the Buyer in accordance with the terms of this Agreement, and are true and complete copies of such Project Documents, and there are no other documents replacing or relating to any such Project Documents, which would materially affect the performance of these Project Documents or this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement
Seller Warranties. The Seller represents and warrants to the Buyer as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warrantyTerm, that:
12.1.1 33.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise its execution of and to fulfil its obligations under this Agreement and the Project Documents;
33.1.2 it has the sole purpose, object and business of undertaking the Project and selling Energy in terms of this Agreement;
12.1.2 33.1.3 its obligations under this Agreement and its rights and obligations under the Project Documents to which it is a party are legal, valid and binding and enforceable against it, in accordance with the terms of this AgreementAgreement and such Project Documents to which it is a party;
12.1.3 33.1.4 all the Project Documents have been duly executed on proper authority and are in full force and effect as at the Effective Date, save for those Project Documents identified in Schedule 7 (Project Documents) that will be executed in the Agreed Form after the Effective Date on proper authority;
33.1.5 the execution and performance of this Agreement does any Project Documents do not and will not contravene any provision of the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Date, or any order or other decision of any Responsible Authority or arbitrator that is binding on the Seller as at the Effective Date;
12.1.4 the Seller will not through the execution and performance of this Agreement receive any additional financial benefit for the same energy that is being incentivised under any other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement;
12.1.5 33.1.6 all Consents required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent;
12.1.6 33.1.7 no litigation, arbitration, investigation or administrative proceeding is in progress as at the Signature Date or, to the best of the knowledge of the Seller as at the Signature Date (having made all reasonable enquiries), threatened against it or any of the Contractors, which is likely to have a material adverse effect on the ability of the Seller to conduct the Project;
33.1.8 the Seller is not subject to any obligation or non-compliance which is likely to have a material adverse effect on its ability to conduct the Project;
33.1.9 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets;
33.1.10 it has not carried out any trading or business activities since its incorporation or incurred any liabilities other than in connection with the operations of the Project (including the entering into of this Agreement and the other Project Documents);
33.1.11 all information disclosed by or on behalf of the Seller to the Buyer at any time up to the Signature Date and, in particular, during the bid process preceding the award of this Agreement to the Seller, is true, complete and accurate in all material respects and the Seller is not aware of any material facts or circumstances not disclosed to the Buyer which would, if disclosed, be likely to have an adverse effect on the Buyer’s decision (acting reasonably) to enter into this Agreement with the Seller; and
33.1.12 the copies of the executed Project Documents, which have been delivered to the Buyer, are true and complete copies of such Project Documents and there are no other documents replacing or relating to any such Project Documents, which would materially affect the performance of these Project Documents.
Appears in 1 contract
Samples: Power Purchase Agreement
Seller Warranties. The Seller represents and warrants to the Buyer as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warranty, that:
12.1.1 22.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise its execution of and to fulfil its obligations under this AgreementAgreement and other agreements necessary for the implementation of the Project to which it is a party;
12.1.2 22.1.2 its obligations under this Agreement are legal, valid and binding and enforceable against it, in accordance with the terms of this Agreement;
12.1.3 22.1.3 the execution and performance of this Agreement does not and will not contravene any provision of the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Date, or any order or other decision of any Responsible Authority or arbitrator that is binding on the Seller as at the Effective Date;
12.1.4 22.1.4 the Seller will not through the execution and performance of this Agreement receive any additional financial benefit for the same energy that is being incentivised under any other Eskom or other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement;
12.1.5 22.1.5 all Consents required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent;
12.1.6 22.1.6 no litigation, arbitration, investigation or administrative proceeding is in progress as at the Signature Date or, to the best of the knowledge of the Seller as at the Signature Date (having made all reasonable enquiries), threatened against it or any of its contractors, which is likely to have a material adverse effect on the ability of the Seller to conduct the Project;
22.1.7 the Seller is not subject to any obligation or non-compliance which is likely to have a material adverse effect on its ability to conduct the Project;
22.1.8 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets.
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
Seller Warranties. The Seller represents and warrants to the Buyer as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warranty, that:
12.1.1 22.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise its execution of and to fulfil its obligations under this AgreementAgreement and other agreements necessary for the implementation of the Project to which it is a party;
12.1.2 22.1.2 its obligations under this Agreement are legal, valid and binding and enforceable against it, in accordance with the terms of this Agreement;
12.1.3 22.1.3 the execution and performance of this Agreement does not and will not contravene any provision of the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Date, or any order or other decision of any Responsible Authority or arbitrator that is binding on the Seller as at the Effective Date;
12.1.4 the Seller will not through the execution and performance of this Agreement receive 22.1.4 all Consents, including any additional financial benefit for the same energy that is being incentivised under any other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement;
12.1.5 all Consents grid code and/or NERSA exemptions required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent;
12.1.6 22.1.5 all information disclosed by or on behalf of the Seller to the Buyer at any time up to the Signature Date and, in particular, during the bid process preceding the award of this Agreement to the Seller, is true, complete and accurate in all material respects and the Seller is not aware of any material facts or circumstances not disclosed to the Buyer which would, if disclosed, be likely to have an adverse effect on the Buyer’s decision (acting reasonably) to enter into this Agreement with the Seller;
22.1.6 no litigation, arbitration, investigation or administrative proceeding is in progress as at the Signature Date or, to the best of the knowledge of the Seller as at the Signature Date (having made all reasonable enquiries), threatened against it or any of its contractors, which is likely to have a material adverse effect on the ability of the Seller to conduct the Project;
22.1.7 the Seller is not subject to any obligation or non-compliance which is likely to have a material adverse effect on its ability to conduct the Project;
22.1.8 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets.
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
Seller Warranties. The Seller represents and warrants to the Buyer as on the Signature Date and on each day thereafter during the Term and further indemnifies the Buyer for any Claim resulting from a breach of warrantyTerm, that:
12.1.1 33.1.1 it is a limited liability company, duly incorporated and validly existing under the Laws and has taken all necessary actions to authorise its execution of and to fulfil its obligations under this Agreement and the Project Documents;
33.1.2 it has the sole purpose, object and business of undertaking the Project and selling Energy in terms of this Agreement;
12.1.2 33.1.3 its obligations under this Agreement and its rights and obligations under the Project Documents to which it is a party are legal, valid and binding and enforceable against it, in accordance with the terms of this AgreementAgreement and such Project Documents to which it is a party;
12.1.3 33.1.4 all the Project Documents have been duly executed on proper authority and are in full force and effect as at the Signature Date, save for those Project Documents identified in Schedule 7 (Project Documents) that will be executed in the Agreed Form after the Signature Date on proper authority;
33.1.5 the execution and performance of this Agreement does any Project Documents do not and will not contravene any provision of this Agreement, the memorandum or articles of association or memorandum of incorporation of the Seller or any term of any other agreement the Seller is a party to as at the Effective Signature Date, or any order or other decision of any Responsible Authority or arbitrator that is binding on the Seller as at the Effective Signature Date;
12.1.4 the Seller will not through the execution and performance of this Agreement receive any additional financial benefit for the same energy that is being incentivised under any other programme and warrants that no part of the Commercial Energy under this Agreement is contracted under any other agreement;
12.1.5 33.1.6 all Consents required for the conduct of the Project are in full force and effect as at the Signature Date, save for any Consents which are not required under the Laws to be obtained by the Signature Date, provided that the Seller warrants that it knows of no reason (having made all reasonable enquiries in this regard) why any such Consent will not be granted on reasonable terms by the time it is required to obtain such Consent;
12.1.6 33.1.7 no litigation, arbitration, investigation or administrative proceeding is in progress as at the Signature Date or, to the best of the knowledge of the Seller as at the Signature Date (having made all reasonable enquiries), threatened against it or any of the Contractors, which is likely to have a material adverse effect on the ability of the Seller to conduct the Project;
33.1.8 the Seller is not subject to any obligation or non-compliance which is likely to have a material adverse effect on its ability to conduct the Project;
33.1.9 no proceedings or any other steps have been taken or, to the best of the knowledge of the Seller (having made all reasonable enquiries), threatened for the winding-up or liquidation (whether voluntary or involuntary, provisional or final), judicial management (whether provisional or final), business rescue or deregistration of the Seller or for the appointment of a liquidator, judicial manager or similar officer over it or over any of its assets;
33.1.10 it has not carried out any trading or business activities since its incorporation or incurred any liabilities other than in connection with the operations of the Project (including the entering into of this Agreement and the other Project Documents);
33.1.11 all information disclosed by or on behalf of the Seller to the Buyer at any time up to the Signature Date and, in particular, during the bid process preceding the award of this Agreement to the Seller, is true, complete and accurate in all material respects and the Seller is not aware of any material facts or circumstances not disclosed to the Buyer which would, if disclosed, be likely to have an adverse effect on the Buyer’s decision (acting reasonably) to enter into this Agreement with the Seller; and
33.1.12 copies of all the Project Documents have been or will be delivered to the Buyer in accordance with the terms of this Agreement, and are true and complete copies of such Project Documents, and there are no other documents replacing or relating to any such Project Documents, which would materially affect the performance of these Project Documents or this Agreement.
Appears in 1 contract
Samples: Power Purchase Agreement