Except for the. “Project Contracts” listed in Annex 5 (Project Contracts), no other material products which have not been notified by the “Borrower” to the “Agent” are required for the construction and the operation of the “Project”. The “Borrower” is not aware of, and has not been notified about any performance defaults under the “Project Contracts”, nor should the “Borrower” have been aware of such performance defaults as a result of the specific circumstances unless the “Borrower” has informed the “Agent” about such a performance default without undue delay.
Appears in 2 contracts
Sources: Facility Agreement (First Solar, Inc.), Facility Agreement (First Solar, Inc.)