Common use of Construction Requisition Clause in Contracts

Construction Requisition. (1) On the date of each Construction Credit Event, at least five Business Days prior to such date, the Borrower shall have provided the Administrative Agent and the Independent Engineer with a Construction Requisition, dated the date of delivery of such certificate, setting forth the date of the proposed Construction Credit Event, (i) certifying, among other things, with respect to each applicable Project for which such Borrowing is being requested, that (A) the Gateway Expansion is reasonably expected to achieve the Commercial Operation Date by the Gateway Date Certain and the Loan Parties are reasonably expected to achieve Term Conversion by the Term Conversion Date Certain and that the Loan Parties have sufficient funds (taking into account the available Equity Commitment, amounts on deposit in the Construction Account and the Local Accounts (other than for payment of O&M Costs), and remaining availability under the Construction Facility) to achieve Term Conversion, (B) the Diablo Project is reasonably expected to achieve the Commercial Operation Date by the Diablo Date Certain and the Loan Parties are reasonably expected to achieve Term Conversion by the Term Conversion Date Certain and that the Loan Parties have sufficient funds (taking into account the available Equity Commitment, amounts on deposit in the Construction Account and the Local Accounts (other than for payment of O&M Costs), and remaining availability under the Construction Facility) to achieve Term Conversion, and (C) if Expansion Tranche Loans will be borrowed on such date, the Diablo Project is reasonably expected to achieve the Commercial Operation Date by the Diablo Expansion Date Certain and the Loan Parties are reasonably expected to achieve Term Conversion by the Term Conversion Date Certain and that the Loan Parties have sufficient funds (taking into account the available Equity Commitment, amounts on deposit in the Construction Account and the Local Accounts (other than for payment of O&M Costs), and remaining availability under the Construction Facility) to achieve Term Conversion, and (ii) completed to the reasonable satisfaction of the Administrative Agent and (2) on the date of each Vista Expansion Borrowing, at least five Business Days prior to such date, the Borrower shall have provided the Administrative Agent and the Independent Engineer with a Construction Requisition, dated the date of delivery of such certificate, setting forth the date of the proposed Vista Expansion Borrowing, and making the certifications with respect to such Vista Expansion Borrowing as required therein, including that the Loan Parties have sufficient funds (taking into account amounts on deposit in the Construction Account and the Local Accounts (other than for payment of O&M Costs), and remaining availability under the Vista Expansion Facility) to achieve Vista Expansion Substantial Completion.