Borrowing Date Certificate. Delivery of a certificate executed by a Responsible Officer of the Borrower in the form of Exhibit G (with a copy to the Administrative Agent), dated as of the Borrowing Date (a “Borrowing Date Certificate”):
Borrowing Date Certificate. If the relevant Borrowing Date occurs on a date other than the Effective Date, the Administrative Agent shall have received a certificate of a Responsible Officer, dated as of such Borrowing Date, of each of the Loan Parties certifying (x) that each of the organizational documents, certificates, powers of attorney and resolutions delivered to the Administrative Agent pursuant to Section 3.1(e) are in full force and effect, and (y) compliance with each of the conditions set forth in Sections 3.2(d) and (e).
Borrowing Date Certificate. The following statements shall be true and correct, and the Agent shall have received a certificate, dated as of the Tranche 2 Borrowing Date (the “Tranche 2 Borrowing Date Certificate”), in form and substance reasonably satisfactory to the Agent, duly executed and delivered by a Responsible Officer of Parent and the Borrower representing, warranting and certifying that both immediately before and immediately after giving effect to the Borrowing of the Tranche 2 Loan: (i) the representations and warranties set forth in each Loan Document that are qualified by materiality, Material Adverse Effect or the like are, in each case, true and correct; provided that to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct as of such earlier date; (ii) the representations and warranties set forth in each Loan Document that are not qualified by materiality, Material Adverse Effect or the like are, in each case, true and correct in all material respects; provided that to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct in all material respects as of such earlier date; (iii) no Event of Default has occurred and is continuing, or would reasonably be expected to result from the Borrowing of the Tranche 2 Loan or the consummation of any Transactions contemplated to occur on the Tranche 2 Borrowing Date; and (iv) the Borrower and the Obligors (as applicable) are in compliance with the financial covenants set forth in Section 10 (both immediately before, and immediately after, giving effect to the Borrowing of the Tranche 2 Loan); provided that, with respect to the representation, warranty and certification referenced in clauses (i) and (ii) above relating to representations and warranties set forth in each Loan Document, (1) references in such representations and warranties to “the Restatement Date” shall be deemed to be references to the “Tranche 2 Borrowing Date” and (2) Parent and the Borrower may supplement the schedules to this Agreement and the other Loan Documents as reasonably necessary in order for such certification to be true and correct on the Tranche 2 Borrowing Date. All documents and agreements required to be appended to the certificate delivered pursuant to this Section 6.02(a), if any, shall have been, as applicable, executed and delivered by the requisite parties, and shall, as applicable, be in full force and effect...
Borrowing Date Certificate. The Borrower shall have delivered to the Lender a certificate (in the form of Exhibit J), (the “Borrowing Date Certificate”), to be dated as of the date of the requested borrowing of Construction Loans duly executed by the Borrower, attaching the most recent Construction Report and the relevant invoices and/or purchase orders required under Section 5.2(d) with respect to the payments requested to be made out of the proceeds of such Construction Loans, and certifying that all milestones then required to have been achieved under the EPC Contract, PPA and Interconnection Agreement, if any, for which the Construction Loans are being requested, have been achieved. The Independent Engineer shall have reviewed such Borrowing Date Certificate and Construction Report, the relevant invoices and all other information obtained from the Borrower upon the reasonable request of Lender, and shall have provided Lender with a certificate of the Independent Engineer, substantially in the form of Exhibit K, confirming its review of the foregoing documentation and that Borrower is in compliance with the Construction Budget and Schedule;
Borrowing Date Certificate. The following statements shall be true and correct, and the Administrative Agent shall have received a certificate, dated as of the Tranche 3 Borrowing Date and in form and substance reasonably satisfactory to the Administrative Agent (the “Tranche 3 Borrowing Date Certificate”), duly executed and delivered by a Responsible Officer of the Borrower, certifying that: (i) both immediately before and after giving effect to the Borrowing on the Tranche 3 Borrowing Date, (x) the representations and warranties set forth in each Loan Document that are qualified by materiality, Material Adverse Effect or the like are, in each case, true and correct, (y) the representations and warranties set forth in each Loan Document that are not qualified by materiality, Material Adverse Effect or the like are, in each case, true and correct in all material respects, and (z) no Default has occurred and is continuing, or could reasonably be expected to result from the making of the Loans being advanced, or the consummation of any Transactions contemplated to occur, on the Tranche 3 Borrowing Date, and (ii) all of the conditions set forth in this Section 6.03 have been satisfied (except to the extent waived in writing by the Administrative Agent). All documents and agreements required to be appended to the Tranche 3 Borrowing Date Certificate, if any, shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
