Common use of Applicable Permits Clause in Contracts

Applicable Permits. (i) All Applicable Permits set forth on Schedule 3.10(c) required to have been obtained by Sapphire Project Company with respect to the Sapphire RNG Project by the date of the initial Term Loan hereunder for such Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or the applicable Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in such Project being operated in a manner inconsistent with the Base Case Projections other than any inconsistency that could reasonably be expected to result in (x) gains to the applicable Project Company or (y) losses, costs or expenses to the applicable Project Company that are not material. (ii) The Administrative Agent shall have received a copy of each Applicable Permit set forth on Schedule 3.10(c), with respect to the Sapphire RNG Project, on the date of the initial Term Loan hereunder for such Project and any modification or reissuance of such Applicable Permits.

Applicable Permits. (i) All Applicable Permits set forth on the updated Schedule 3.10(c) required to have been obtained by Sapphire Project Company with respect to the Sapphire RNG Project any Obligor or any Subsidiary by the date of Inclusion Date for the initial Term Loan hereunder for such applicable Incremental Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Incremental Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in such the Incremental Project being operated in a manner inconsistent with the Base Case Projections Projections, as amended or modified from time to time in accordance with Section 4.4(a)(ii), other than any inconsistency that could reasonably be expected to result in (x) gains to the applicable Project Company or (y) losses, costs or expenses to the applicable Project Company that are not material. (ii) The Administrative Agent shall have received a copy of each Applicable Permit set forth on the updated Schedule 3.10(c), with respect to the Sapphire RNG Project, ) on the date of the initial Term Loan hereunder for such Project Inclusion Date and any modification or reissuance of such Applicable Permits.

Applicable Permits. (i) All Applicable Permits set forth on the updated Schedule 3.10(c) required to have been obtained by Sapphire Project Company with respect to the Sapphire RNG Project any Obligor or any Subsidiary by the date of Inclusion Date for the initial Term Loan hereunder for such Additional Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or Subsidiary or the applicable Additional Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in such the Additional Project being operated in a manner inconsistent with the Base Case Projections Projections, as amended or modified from time to time in accordance with Section 4.3(a)(ii), other than any inconsistency that could reasonably be expected to result in (x) gains to the applicable Project Company or (y) losses, costs or expenses to the applicable Project Company that are not material. (ii) The Administrative Agent shall have received a copy of each Applicable Permit set forth on Schedule 3.10(c), with respect to the Sapphire RNG Project, on the date of the initial Term Loan hereunder for such Project and any modification or reissuance of such Applicable Permits.

Applicable Permits. (i) All Applicable Permits set forth on Schedule 3.10(c) required to have been obtained by Sapphire Emerald Project Company with respect to the Sapphire Emerald RNG Project by the date of the initial Term Loan hereunder for such Project (i) have been duly obtained, (ii) are in full force and effect, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finality, (iv) are held in the name of the applicable Obligor or the applicable Project, and (v) are not subject to any unsatisfied condition the noncompliance with which could reasonably be expected to result in a Material Adverse Effect. The Applicable Permits shall not be subject to any material restriction, condition, limitation or other provision that could reasonably be expected to result in such Project being operated in a manner inconsistent with the Base Case Projections other than any inconsistency that could reasonably be expected to result in (x) gains to the applicable Project Company or (y) losses, costs or expenses to the applicable Project Company that are not material. (ii) The Administrative Agent shall have received a copy of each Applicable Permit set forth on Schedule 3.10(c), with respect to the Sapphire Emerald RNG Project, on the date of the initial Term Loan hereunder for such Project herenunder and any modification or reissuance of such Applicable Permits.

Applicable Permits. (i) All Applicable Prior to the initial funding date, each Project Company shall have duly obtained or been assigned the Permits set forth on Schedule 3.10(c) required to have been obtained by Sapphire Part I of Exhibit H-2 for its respective Project Company with respect to the Sapphire RNG Project by the date each of the initial Term Loan hereunder for such Project (i) have been duly obtained, (ii) are which shall be in full force and effecteffect in such Project Company’s name and, (iii) have had any applicable appeal period elapse without request for any appeal or such appeal has been denied or resolved with finalityexcept as set forth on Exhibit H-2, (iv) are held in the name of the applicable Obligor or the applicable Project, and (v) are not subject to (i) any material unsatisfied condition the noncompliance with which or (ii) any pending appeals, future rights of appeal or any pending or threatened proceeding that could reasonably be expected to result in a Material Adverse Effectmaterial adverse modification or revocation. The With respect to each subsequent Borrowing for such Project, all Applicable Permits required for the construction and operation of such Project to have been obtained by the date of such Borrowing from any Governmental Authority shall have been issued and shall be in full force and effect and reasonably satisfactory in form and substance to Administrative Agent and, except as set forth on Exhibit H-2, not be subject to (x) any material restriction, condition, limitation unsatisfied conditions or other provision (y) any pending or threatened appeal or proceedings that could reasonably be expected to result in such Project being operated in a manner inconsistent with the Base Case Projections other than material adverse modification or revocation. With respect to any inconsistency Permits that could reasonably be expected to result in (x) gains to the applicable Project Company or (y) losseswill become Applicable Permits but have not yet been obtained, costs or expenses to the applicable Project Company that are not material. (ii) The Administrative Agent shall have received a copy of each Applicable Permit set forth on Schedule 3.10(c), with respect reasonably concluded that there is no reason to believe that any such Permits will not be obtained by the Sapphire RNG Project, on the date of the initial Term Loan hereunder for such Project and any modification or reissuance of such Applicable Permitstime required.