Solar Assets. All conditions to the acquisition of Solar Assets by the respective Financing Fund under the applicable Tax Equity Financing Documents have been satisfied, and all conditions to the acquisition of Solar Assets by the applicable Assignors, the applicable Seller, the Borrower and SAP under the Contribution Agreements, the Sale and Contribution Agreement, the SAP Contribution Agreement and the SAP NTP Financing Documents, as applicable, have been satisfied.
Solar Assets. (a) Section 3.20(a) of the Disclosure Schedules (“Schedule of Solar Assets”) is a complete and correct list of all Solar Asset Information.
(b) Except as set forth on Section 3.20(b) of the Disclosure Schedules, the terms of the related Customer Agreement have not been amended, waived, extended, or modified in any respect, other than in writing that has been provided to Buyer.
(c) Except as set forth on Section 3.20(c) of the Disclosure Schedules, the related Customer Agreement is not, to Seller’s Knowledge, a Defaulted Solar Asset or a Terminated Solar Asset. To Seller’s Knowledge, the Customer associated with such Customer Agreement is not a Customer for any other Customer Agreement that was originated, acquired and/or serviced by Seller or any Affiliate that would meet the definition of Defaulted Solar Asset.
(d) Except as set forth on Section 3.20(d) of the Disclosure Schedules, a minimum of one payment due under the related Customer Agreement has been made prior to the Closing Date.
(e) Except as set forth on Section 3.20(e) of the Disclosure Schedules, the related PV System has not been turned off, and remains off as of the Closing Date, due to a Customer delinquency under the Customer Agreement.
(f) Except as set forth on Section 3.20(f) of the Disclosure Schedules, no Customer has notified Seller of any Affiliate thereof of any material existing defects in such Customer’s PV System which have an adverse impact on the operation of such PV System and are not in the process of being investigated, addressed or repaired by Seller or any Affiliate thereof.
(g) Except as set forth on Section 3.20(g) of the Disclosure Schedules, the related Customer Agreement has not been satisfied, subordinated, or rescinded and no lawsuit is pending with respect to such related Customer Agreement.
(h) Except as set forth on Section 3.20(h) of the Disclosure Schedules, there are, to Seller’s Knowledge, no unpaid fees owed to third parties relating to the origination of the related Customer Agreement and installation of the related PV System.
(i) Except as set forth on Section 3.20(i) of the Disclosure Schedules, the related PV System has achieved PTO.
(j) Except as set forth on Section 3.20(j) of the Disclosure Schedules, the Customer is not, to Seller’s Knowledge, a debtor in a bankruptcy case. To Seller’s Knowledge, Customer has not commenced any litigation or asserted any claim in writing challenging the validity or enforceability of the related Customer Agreement.
(k)...
Solar Assets. 1.1 The Owner agrees to buy the Solar Assets from Dandelion Renewables and arrange for Dandelion Renewables to install the Solar Assets at the Owner’s Property on the terms of this Agreement and agrees to be bound by this Agreement on and from Acceptance.
1.2 Dandelion Renewables agrees to install the Solar Assets on the Property in a good and tradesmanship manner and be bound by this Agreement on and from Acceptance. All Dandelion Renewables employees and contractors who are installing Solar Assets will have WCB coverage.
1.3 Dandelion Renewables reserves its right to terminate this Agreement for any reason within 5 business days of Acceptance.
