Examples of Construction Credit Event in a sentence
If any Construction Credit Event is the initial Borrowing of Expansion Tranche Loans, (i) each “CPUC Approval” under and as defined in each Diablo Expansion Utility RA Contract shall have been obtained and copies thereof shall have been delivered to the Administrative Agent and (ii) either the Expansion Option under and as defined in the Diablo Base EPC Contract or the EPC Option shall have been exercised and the Administrative Agent shall have received written evidence thereof.
After taking into consideration the making of the applicable Construction Credit Event, Lender shall have determined that Available Construction Funds shall not be less than the aggregate unpaid amount required to cause Completion to occur in accordance with all Legal Requirements, the Construction Contract and the Credit Documents prior to the Outside Date and to pay or provide for all anticipated non-construction Project Costs, all as set forth in the then-current Project Budget.
Borrower shall provide, or Lender shall be adequately assured, that the Title Insurer is committed at the time of the applicable Construction Credit Event to issue to Lender a form 122 or other endorsement to the Title Policy dated as of the date of such Construction Credit Event, confirming the continuing first priority Lien of the Deed of Trust on the Mortgaged Property, subject only to the Title Exceptions and Permitted Liens.
If the Construction Credit Event is a Construction Loan, SWMP shall have delivered a Notice of Borrowing to Administrative Agent in accordance with the procedures specified in Section 2.1.1(b).
No Event of Default or Inchoate Default, no Non-Fundamental Project Default or Non-Fundamental Project Inchoate Default in respect of the Project for which funds are being requested and, to the extent Section 3.9(b) does not otherwise permit Borrowings, no other Non-Fundamental Project Default or Non-Fundamental Project Inchoate Default has occurred and is continuing or will result from such Construction Credit Event.
Lender shall have determined that the original principal amount of all Loans (after taking into consideration the making of the applicable Construction Credit Event requested), shall not exceed fifty-five percent (55%) of the Project Costs incurred as of such time.
The making of each applicable Construction Credit Event shall be in such amounts as shall ensure that (a) uncommitted funds remaining in the Construction Account shall be disbursed to the greatest extent possible, subject to the requirements of Section 2.1.1(b)(ii) and (b) equity contributions to Project Costs shall be not less than 15% of Project Costs to-date.
Notwithstanding the foregoing, the Required Banks, without waiving any of the Banks' rights hereunder, shall have the right to effect a Construction Credit Event, Turbine Purchase Credit Event or LC Action hereunder without full compliance by Borrower with the conditions described in this Article 3.
Borrower shall provide, or Agent shall be adequately assured that the Title Insurer is committed at the time of each Construction Credit Event to issue, to Agent a date-down endorsement of the Title Policy to the date of such Construction Credit Event, insuring the continuing first priority of the Deed of Trust (subject only to Permitted Encumbrances) and otherwise in form and substance reasonably satisfactory to Agent.
In the event such Construction Credit Event occurs after the second anniversary of the Closing Date, all Initial Projects shall be Funded Projects.