Waiver Extension Request Sample Clauses

Waiver Extension Request. Pursuant to Section 6.02(i) (Conditions to First Borrowing for Each Plant – Air Permits) of the Credit Agreement, it is required that, prior to the initial Borrowing for the Albion Plant, the guarantee of the Design Builder with respect to air emissions set forth in the Albion Design Build Contract meet the requirements of the final air quality construction permit of the Albion Plant. In the First Waiver Agreement the Borrowers acknowledged that such requirement would not be satisfied by the date of the initial Borrowing for the Albion Plant. The Borrowers consequently requested, and the Lenders granted, subject to the terms and conditions set forth in the First Waiver Agreement, a temporary waiver of the requirement that such condition be satisfied on or before the initial Borrowing Date, and the Borrowers covenanted and agreed that the requirement would be satisfied on or before November 30, 2006. The Borrowers hereby request an extension of the temporary waiver described in this clause 2(A) until January 31, 2007.

Waiver Extension Request. Pursuant to (i) Section 6.01(k)(iii) (Conditions to First Construction Loan Borrowing - Governmental Approvals) of the Credit Agreement, it is required that, as a condition to the initial Borrowing, all Necessary Project Approvals (other than the Deferred Approvals) are in full force and effect, final and Non-Appealable; (ii) Section 6.05(b)(i) (Conditions to All Borrowings - Government Approvals) of the Credit Agreement, it is required that, as a condition to each Borrowing, all Governmental Approvals required by the proposed Borrowing Date for development of the Project are in full force and effect, final and Non-Appealable; (iii) Section 6.05(b)(v) (Conditions to All Borrowings - Government Approvals) of the Credit Agreement, it is required that, as a condition to each Borrowing, there is no proceeding pending or, to the Knowledge of any Borrower, threatened that seeks to rescind, terminate, modify, condition, suspend or otherwise alter in any material respect any Governmental Approval; and (iv) Section 6.05(g)(i) (

Waiver Extension Request. Pursuant to Section 6.01(s)(i)(A) (Conditions to First Construction Loan Borrowing – Schedules) of the Credit Agreement, it is required that, as a condition to the initial Borrowing, the Administrative Agent shall have received a copy of each Preliminary Construction Document (as defined in each Design Build Contract), each in form and substance reasonably satisfactory to each Lender and the Independent Engineer and certified by an Authorized Officer of the Borrowers’ Agent. In the First Waiver Agreement the Borrowers acknowledged that such Preliminary Construction Documents had not been provided to the Administrative Agent. The Borrowers consequently requested, and the Lenders granted, subject to the terms and conditions set forth in the First Waiver Agreement, a temporary waiver of the requirement set forth in Section 6.01(s)(i)(A) of the Credit Agreement until November 30, 2006. In the First Waiver Agreement the Borrowers covenanted and agreed, among other things, that, on or before November 30, 2006, the Independent Engineer would have full access (which it was understood could be at the Plant Sites, at the offices of the Design Builder, or at the offices of ICM) to complete copies of the “On-Site Documents” (as defined in the First Waiver Agreement), which included heat and material balance documentation, and that such On-Site Documents would be in form and substance satisfactory to the Independent Engineer. The Borrowers acknowledge that, of the On-Site Documents, only the heat and material balance documentation has not been provided to the Administrative Agent (which has recently been received by the Borrower, but has not yet been provided to or reviewed by the Independent Engineer on-site). Consequently, the Borrowers hereby request an extension of the temporary waiver described in this clause 4(A) regarding provision of the heat and material balance documentation (i) with respect to the Albion Plant and Linden Plant, until January 31, 2007, and (ii) with respect to the Bloomingburg Plant, until January 31, 2007 to the extent the initial Borrowing of the Bloomingburg Construction Loans is made prior to such date.

Waiver Extension Request. (i) Pursuant to Section 5.11(c) (Representations and Warranties - Transaction Documents and Other Documents; Representations and Warranties in Transaction Documents) of the Credit Agreement, it is required that each of the agreements set forth on Schedule 5.11-B be in full force and effect on or prior to the dates set forth for each such agreement on Schedule 5.11-B. In the First Waiver Agreement the Borrowers acknowledged that, with respect to the Linden agreement regarding water services, such requirement would not be satisfied on or prior to the relevant date specified on Schedule 5.11-B. The Borrowers consequently requested, and the Lenders agreed to grant, subject to the terms and conditions of the First Waiver Agreement, a temporary waiver of any Default or Event of Default arising out of or resulting from the failure to comply with the requirement set forth in Section 5.11(c) of the Credit Agreement, with respect to the Linden agreement regarding water services on or before November 30, 2006. The Borrowers acknowledge that they have not yet entered into the Linden agreement regarding water services. Consequently, the Borrowers hereby request that the temporary waiver described in clause 5(A) be extended for the Linden agreement regarding water services until December 31, 2006.

Waiver Extension Request. Pursuant to Sections 6.01(c)(i)(B) (Conditions to First Construction Loan Borrowing – Officer’s Certificates) and Section 6.05(a) (Conditions to All Borrowings - Borrowers’ Certifications) of the Credit Agreement, it is required that all of the representations and warranties made by the Borrowers in the Credit Agreement and Financing Documents are true and correct in all material respects on and as of the relevant Borrowing Date. The Borrowers acknowledged in the First Waiver Agreement that such