Available Construction Funds. After taking into consideration the Construction Loans being requested, Available Construction Funds shall not be less than the aggregate unpaid amount of Project Costs required to cause the Completion Date of all Initial Projects and Funded Subsequent Projects that have not achieved Completion to occur in accordance with all Legal Requirements and the Construction Contracts prior to the guaranteed completion date with respect to each such Project set therefor in such Project's Project Schedule and to pay or provide for all anticipated non-construction Project Costs as to each such Project, all as set forth in the Project Budgets.
Available Construction Funds. After taking into consideration the making of the applicable Construction Credit Event, Administrative Agent (based on consultation with the Independent Engineer) shall have reasonably determined that Available Construction Funds shall not be less than the aggregate unpaid amount required to cause the Completion Date to occur in accordance with all Legal Requirements, the Construction Contracts, each other Project Document pursuant to which construction work with respect to the Project is being performed and the Credit Documents prior to the Date Certain and to pay or provide for all anticipated non-construction Project Costs, all as set forth in the then-current Project Budget.
Available Construction Funds. On the date of each Credit Extension made on or prior to the date on which Commercial Operations have been achieved, after taking into account any Credit Extension made on such Credit Date, Available Construction Funds, as of such Credit Date, are not less than the aggregate unpaid amount of Project Costs required to achieve Commercial Operations at the Development Projects in accordance with Prudent Industry Practices, in accordance with all applicable laws and in conformity with all applicable Governmental Authorizations (including Necessary Permits) on or prior to the Date Certain, and to pay or provide for all other anticipated Project Costs, as set forth in the Construction Budget.
Available Construction Funds. 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.
Available Construction Funds. Co-Borrowers shall have certified through delivery of a Construction Requisition that the Available Construction Funds shall not be less than the aggregate unpaid amount required to cause the Completion Date to occur in accordance with all Legal Requirements and the Major Project Documents prior to the Date Certain and the Independent Engineer shall have confirmed through the delivery of the IE Requisition Certificate that the Available Construction Funds shall not be less than the aggregate unpaid amount required to cause the Completion Date to occur in accordance with all Major Project Documents prior to the Date Certain.
Available Construction Funds. After taking into consideration the making of the applicable Credit Event, Administrative Agent (based on consultation with the Independent Engineer) shall have reasonably determined that Available Construction Funds allocable to the Benefiting Project Company shall not be less than the aggregate unpaid amount required to cause the Completion Date for such Project to occur in accordance with all Legal Requirements, the applicable Construction Contract, each other applicable Project Document pursuant to which construction work with respect to the applicable Project is being performed, and the Credit Documents, prior to the Construction Loan Maturity Date and to pay or provide for all anticipated non-construction Project Costs of the Benefiting Project Company, all as set forth in the then-current Project Budget with respect to such Benefiting Project Company.
Available Construction Funds. Borrower shall have certified that (i) the Available Construction Funds shall not be less than the aggregate unpaid amount of Project Costs (including a reasonable contingency amount) required to cause Conversion Completion in accordance with this Agreement on or prior to the Date Certain, (ii) based upon the then-current status of construction progress and the most recent monthly report of the Independent Project Manager delivered in accordance with Section 5.11(e), the Renewable Diesel Conversion is reasonably expected to achieve Conversion Completion on or before the Date Certain, and (iii) there have been no existing or projected Cost Overruns that individually or in the aggregate may result in remaining Project Costs exceeding the Available Construction Funds.
Available Construction Funds. After taking into consideration the Turbine Purchase Loans being requested, Available Construction Funds shall not be less than the aggregate unpaid amount of Project Costs required to cause the Completion Date of all Initial Projects and Funded Subsequent Projects that have not achieved Completion to occur in accordance with all Legal Requirements and the Construction Contracts prior to the guaranteed completion date with respect to each such Project set therefor in such Project's Project Schedule and to pay or provide for all anticipated non-construction Project Costs as to each such Project, all as set forth in the Project Budgets.
Available Construction Funds. A Amount on deposit in the Company Funds Account, as of the date of this Project Cost Schedule $ B Amount on deposit in the Bank Proceeds Account, as of the date of this Project Cost Schedule $ C Amount on deposit in the Mezz Proceeds Account, as of the date of this Project Cost Schedule $ D Amount on deposit in the Construction Disbursement Account, as of the date of this Project Cost Schedule $ E Amount on deposit in the Cash Management Account, as of the date of this Project Cost Schedule $ F Amount on deposit in the Interest Reserve Account, as of the date of this Project Cost Schedule $ G Total amount on deposits in the Disbursement Agent Accounts, as of the date of this Project Cost Schedule (Sum of A+B+C+D+E+F) $ H Investment income earned from investments in the Disbursement Agent Accounts, as of [INSERT DATE WITHIN 30 DAYS PRIOR TO THE DATE HEREOF] (the “Investment Determination Date”). $ I Anticipated Investment Income to be earned, from investments in the Disbursement Agent Accounts, from the Investment Determination Date through the Scheduled Completion Date $ J Total investment income (including Anticipated Investment Income) on the Disbursement Agent Accounts (Sum of H+I). $ K CUP Refund (expected to be received prior to the Scheduled Completion Date) $ L OCIP Credit (expected to be received prior to the Scheduled Completion Date) $ M Tax Credits (expected to be received prior to the Scheduled Completion Date) $ N 50% of the aggregate amount of indebtedness the Borrower may incur under Section 6.01(f) of the First Lien Credit Agreement (in accordance with the requirements set forth under clause (e) of the definition of “Available Construction Funds” in the Disbursement Agreement) O Available Construction Funds (G+J+K+L+M+N). $
Available Construction Funds. After taking into consideration the Borrowing being requested, Available Construction Funds shall not be less than the aggregate unpaid amount of Project Costs estimated by the Independent Engineer as necessary to cause Completion with respect to all of the Projects and Final Completion with respect to all of the Projects in all material respects in accordance with all Legal Requirements and the Construction Contracts on or prior to a date not later than sixty (60) days prior to the Construction Loan Maturity Date and the Final Completion Date, respectively, with respect to each Project set forth in such Project’s Project Schedule and to pay or provide for all anticipated non-construction Project Costs as to each Project.
