Common use of Deliverability Clause in Contracts

Deliverability. 2.1 No person having any Security over its property or any of its other assets has enforced or given notice of its intention to enforce such Security. 2.2 It has obtained or will by Firm Scheme Completion have obtained all Consents and to the extent that such Consents have been obtained they have not been withdrawn. 2.3 It is not aware, after due enquiry, of anything which materially threatens the success or successful completion of the intention or purpose of this Agreement. 2.4 No Default Event has occurred and is continuing. 2.5 All information supplied by or on behalf of it to Homes England or its agents or employees in connection with the Consortium's initial application for grant funding or in the course of the subsequent discussions was at the time of submission and as far as it was aware (or ought to have been aware) having made all reasonable and proper enquiries true, complete and accurate in all respects. 2.6 It has informed Homes England of any material change that has occurred since: 2.6.1 the date of submission of the Approved Capital Bid prior to the date of this Agreement; and 2.6.2 the Approved Capital Bid, as the same may be amended, added to, supplemented, substituted or varied in accordance with this Agreement, on each occasion of its amendment, addition, supplementation, substitution or variation of which it is aware (or ought to be aware) having made all reasonable and proper enquiries which would render such information untrue, incomplete or inaccurate in any material respect including without limitation the provision or offer of any additional Public Sector Funding. 2.7 It is not aware of any material fact or circumstance that has not been disclosed to Homes England and which might, if disclosed materially, adversely affect the decision of anyone considering whether or not to contract with it. 2.8 All data or other information submitted on IMS in respect of the Approved Capital Bid, any Indicative Scheme, Substitute Scheme, Additional Scheme and each Firm Scheme is accurate and the it is not aware (having made all reasonable enquiries) of any circumstances which would give rise to that information becoming inaccurate. 2.9 All data or other information supplied to Homes England and/or the Regulator in connection with, or related to the Approved Capital Bid, any Firm Scheme (including that submitted pursuant to clause 12 (Review, Monitoring and Reporting)) any Disposal Notification and/or Constitutional Change Notification is complete and accurate. 2.10 It is not in breach of its Transparency Obligations. 2.11 Save where expressly agreed by Homes England, no Firm Scheme which is a Planning Scheme is being subsidised by Firm Scheme Grant or RCGF. 2.12 Save where expressly agreed by Homes England, all AHP Dwellings have been let or disposed of (as applicable) in accordance with the terms of the applicable Firm Scheme Details. 2.13 So far as it is aware (having made all reasonable enquiries) each Firm Scheme where it is Landlord (including, inter alia, each Start on Site Date and Firm Scheme Completion Date) is capable of being Delivered without the need for a change to the Firm Scheme Details. 2.14 It has issued any Disposal Notification and/or Constitutional Change Notification in accordance with the requirements of this Agreement where required to do so under this Agreement. 2.15 It will not advance or on-lend any Firm Scheme Grant to a third party (in whole or in part).

Deliverability. 2.1 No person having any Security over its the property or any of its other assets of the Grant Recipient has enforced or given notice of its intention to enforce such Security.; 2.2 It has obtained or will by Firm Scheme Completion have obtained all Consents and to the extent that such Consents have been obtained they have not been withdrawn.; 2.3 It is not aware, after due enquiry, of anything which materially threatens the success or successful completion of the intention or purpose of this Agreement.; 2.4 No Default Event has occurred and is continuing.; 2.5 All information supplied by or on behalf of it to Homes England or its agents or employees in connection with the ConsortiumGrant Recipient's initial application for grant funding or in the course of the subsequent discussions was at the time of submission and as far as it was aware (or ought to have been aware) having made all reasonable and proper enquiries true, complete and accurate in all respects.; 2.6 It has informed Homes England of any material change that has occurred since: 2.6.1 the date of submission of the Approved Capital Bid prior to the date of this Agreement; and 2.6.2 the Approved Capital Bid, as the same may be amended, added to, supplemented, substituted or varied in accordance with this Agreement, on each occasion of its amendment, addition, supplementation, substitution or variation of which it is aware (or ought to be aware) having made all reasonable and proper enquiries which would render such information untrue, incomplete or inaccurate in any material respect including without limitation the provision or offer of any additional Public Sector Funding. 2.7 It is not aware of any material fact or circumstance that has not been disclosed to Homes England and which might, if disclosed materially, adversely affect the decision of anyone considering whether or not to contract with it.; 2.8 All data or other information submitted on IMS in respect of the Approved Capital Bid, any Indicative Scheme, Substitute Scheme, Additional Scheme and each Firm Scheme is accurate and the it Grant Recipient is not aware (having made all reasonable enquiries) of any circumstances which would give rise to that information becoming inaccurate.; 2.9 All data or other information supplied to Homes England and/or the Regulator in connection with, or related to the Approved Capital Bid, any Firm Scheme (including that submitted pursuant to clause Clause 12 (Review, Monitoring and Reporting)) any Disposal Notification and/or Constitutional Change Notification is complete and accurate.; 2.10 It The Grant Recipient is not in breach of its Transparency Obligations.; 2.11 Save where expressly agreed by Homes England, no Firm Scheme which is a Planning Scheme is being subsidised by Firm Scheme Grant or RCGF.; 2.12 Save where expressly agreed by Homes England, all AHP Dwellings have been let or disposed of (as applicable) in accordance with the terms of the applicable Firm Scheme Details.; 2.13 So far as it the Grant Recipient is aware (having made all reasonable enquiries) each Firm Scheme where it is Landlord (including, inter alia, each Start on Site Date and Firm Scheme Completion Date) is capable of being Delivered without the need for a change to the Firm Scheme Details.; 2.14 It The Grant Recipient has issued any Disposal Notification and/or Constitutional Change Notification in accordance with the requirements of this Agreement where required to do so under this Agreement.; and 2.15 It The Grant Recipient will not advance or on-lend any Firm Scheme Grant to a third party (in whole or in part).