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.
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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.
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.
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.
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.
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.
Borrower makes the following representations and warranties to and in favor of the Lead Arrangers, Administrative Agent, LC Bank and the other Banks as of the Effective Date and as of the date of each Construction Credit Event, Turbine Purchase Credit Event and LC Action, in each case to the extent set forth in Article 3.
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.
The condition set forth in Section 3.1.33 continues to be satisfied as of the date of the Construction Credit Event.