Common use of Formation Documents Clause in Contracts

Formation Documents. Delivery to Administrative Agent of (a) copies of the articles of incorporation or certificate of incorporation, certificate of formation or charter or other state certified constituent documents of the Subject Project Company, each Subject Intermediate Holding Company and each of the other applicable Affiliated Major Project Participants, certified by the secretary of state of such Person's state of formation or incorporation, and (b) copies of the limited liability company agreement, bylaws or other comparable constituent documents of each such Person, certified by the appropriate Responsible Officer of each such Person.

Appears in 2 contracts

Sources: Credit Agreement (Pg&e Corp), Credit Agreement (Pacific Gas & Electric Co)

Formation Documents. Delivery to Administrative Agent of (a) copies of the certificate of formation, articles of incorporation or certificate of incorporation, certificate of formation or charter or other state certified constituent documents of the Subject Project Company, each Subject Intermediate Holding Company and each of the other applicable Affiliated Major Project ParticipantsBorrower and NEG, certified by the secretary of state of the state of such Person's state of formation or incorporation, and (b) copies of the limited liability company operating agreement, bylaws or other comparable constituent documents of each such Personof Borrower and NEG, certified by the appropriate Responsible Officer of each such PersonPerson as being true, correct and complete on the Closing Date.

Appears in 2 contracts

Sources: Credit Agreement (Pg&e Corp), Credit Agreement (Pacific Gas & Electric Co)

Formation Documents. Delivery to the Administrative Agent of (a) copies a copy of the articles of incorporation or incorporation, certificate of incorporation, certificate of formation or formation, charter or other state certified constituent documents of the Subject Project Company, each Subject Intermediate Holding Company and each of the other applicable Affiliated Major Project ParticipantsBorrower Party, certified by the secretary of state of such Person's Borrower Party’s state of formation incorporation or incorporationformation, as applicable, and (b) copies a copy of the bylaws, limited liability company agreement, bylaws operating agreement or other comparable constituent documents documents, if applicable, of each such PersonBorrower Party, certified by the appropriate a Responsible Officer of each such PersonBorrower Party as being true, correct and complete on the Closing Date.

Appears in 2 contracts

Sources: Second Lien Credit Agreement (Fortress Transportation & Infrastructure Investors LLC), First Lien Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)

Formation Documents. Delivery to Administrative Agent of (ai) copies a copy of the articles of incorporation or certificate of incorporationincorporation or formation, certificate as applicable, of formation or charter or each Major Project Participant (other state certified constituent documents of than the Subject Turbine Supplier and the Project CompanyCompanies’ counterparties under the Interconnection Agreements), each Subject Intermediate Holding Company and each of the other applicable Affiliated Major Project Participants, certified by the secretary Secretary of state State of such Person's state the applicable State of incorporation or formation or incorporation, and (bii) copies a copy of the limited liability company operating agreement, bylaws by-laws or other comparable constituent documents partnership agreement of each such PersonMajor Project Participant, certified by the appropriate Responsible Officer of each such Personits secretary.

Appears in 1 contract

Sources: Financing Agreement (Noble Environmental Power LLC)

Formation Documents. Delivery to Administrative Agent of (a) copies of the articles of incorporation or certificate of incorporation, certificate of formation or charter or other state certified constituent documents of the Subject Project Companyrelevant Portfolio Entities, each Subject Intermediate Holding Company the relevant Affiliate Pledgor (if any) and each of the other applicable relevant Affiliated Major Project ParticipantsParticipant (if any), certified certified, if requested by Administrative Agent, by the secretary of state of such Person's state of formation or incorporation, as the case may be, and (b) copies of the limited liability company agreement, bylaws Bylaws or other comparable constituent documents of each such Person, certified by the appropriate Responsible Officer of each such Person.comparable

Appears in 1 contract

Sources: Credit Agreement (NRG Energy Inc)

Formation Documents. Delivery to Administrative Agent on behalf of the Banks of (a) copies of the articles of incorporation or certificate of incorporation, certificate of formation incorporation or charter or other state certified constituent documents of the Subject Project Company, each Subject Intermediate Holding Company and each of the other applicable Affiliated Major Project ParticipantsParticipant with respect to such Subsequent Project other than Borrower, certified certified, if requested by the Technical Committee, by the secretary of state of such Person's the state of formation or incorporationformation, and (b) copies of the limited liability company agreement, bylaws Bylaws or other comparable constituent documents of each the Affiliated Major Project Participants with respect to such PersonSubsequent Project, certified by the appropriate Responsible Officer of each such Personits secretary or an assistant secretary.

Appears in 1 contract

Sources: Credit Agreement (Calpine Corp)