Common use of Incremental Loan Clause in Contracts

Incremental Loan. The obligations of the Lenders to make any Incremental Loans hereunder shall (x) not become effective until the date on which each of the conditions set forth in Section 6.01 and Section 6.02 are satisfied (or waived in accordance with Section 12.02) and (y) be subject to and conditioned upon each of the following conditions (or waiver thereof in accordance with Section 12.02) at the time of any such Incremental Loan: (a) Administrative Agent shall have received Schedule 1.02D, the schedule of ▇▇▇▇▇▇▇ Facility Material Permits required for the ▇▇▇▇▇▇▇ Facility, together with (A) copies of each such ▇▇▇▇▇▇▇ Facility Material Permit listed on Part I of Schedule 1.02, each of which is in full force and effect and not subject to unsatisfied condition or, to the Borrower’s knowledge, appeal and (B) a certificate, signed by a Responsible Officer of the Borrower, stating that, (w) the ▇▇▇▇▇▇▇ Facility Material Permits as set forth on Part I of Schedule 1.02 constitute all of the ▇▇▇▇▇▇▇ Facility Material Permits which are, in such Responsible Officer’s opinion, in light of the status of the ▇▇▇▇▇▇▇ Facility as of the date thereof, required to have been obtained pursuant to applicable Governmental Requirements as of such date, (x) Part II of Schedule 1.02 lists all other ▇▇▇▇▇▇▇ Facility Material Permits required for the construction, development, use, operation, ownership, or maintenance and the performance of the ▇▇▇▇▇▇▇ Facility after the date thereof as contemplated as of the date thereof, and (y) the ▇▇▇▇▇▇▇ Facility Material Permits listed in Part II of Schedule 1.02 are, in such Responsible Officer’s opinion, in light of the status of the ▇▇▇▇▇▇▇ Facility as of the date thereof, obtainable not later than required by the applicable Governmental Authority without substantial difficulty, expense or delay and in a manner to allow the performance of the transactions contemplated thereby to proceed in accordance with the Capital Expenditure Plan and (z) the ▇▇▇▇▇▇▇ Facility Material Permits are not subject to any significant or material restriction, condition, limitation or pending written claims which could reasonably be expected to result in a Material Adverse Effect; (b) With respect to any of the ▇▇▇▇▇▇▇ Facility Material Permits not yet required as of the date of such Borrowing and listed in Part II of Schedule 1.02, the Borrower, in its reasonable determination, has no reasonable basis to believe that any such ▇▇▇▇▇▇▇ Facility Material Permits will not be obtained (or obtained with substantial difficulty, expense or delay) and will be obtained and in a manner to allow the transactions contemplated thereby to proceed in accordance with the Capital Expenditure Plan; (c) The Administrative Agent shall have received the Certified ▇▇▇▇▇▇▇ Compliance Report and certification from a Responsible Officer that the conditions set forth in the definition of “▇▇▇▇▇▇▇ Facility” have been satisfied; (d) The Administrative Agent shall have received a Note executed by the Borrower in favor of each Incremental Lender requesting a Note; (e) The Loan Parties shall have used their best efforts to deliver to the Administrative Agent the items required to be delivered by Section 8.18 and the Loan Parties shall be in compliance in all material respects with Section 8.18; and (f) The Administrative Agent shall have received with respect to the Borrower certificates of good standing as of a recent date issued by the appropriate Governmental Authority of the state or jurisdiction of its incorporation or organization, where applicable.