Development Progress. The development of the Project shall be, and Lender shall have received written confirmation from Borrower that the development of the Project is, progressing in a reasonably satisfactory manner and in accordance with the Development Loan Budget and Exhibit 6 to the Power Purchase Agreement as updated and reproduced as of the date hereof under Exhibit 6 to this Agreement (as the dates or milestones therein may be amended, modified or waived from time to time in accordance with the Power Purchase Agreement; provided that such amendments, modifications or waivers do not invalidate or breach any of the Construction Financing Documents or render it impracticable for the Borrower to satisfy the conditions to funding under the commitment letter described in clause (i) of the definition of Construction Financing Documents on or prior to the Maturity Date), and will enable Borrower to achieve Financial Close by no later than the Maturity Date.
Appears in 2 contracts
Sources: Development Loan Agreement (Nevada Geothermal Power Inc), Development Loan Agreement (Nevada Geothermal Power Inc)