Independent Engineer Summary. Solely in connection with a Subsequent Facility Funding Date, in the event that such Borrowing is in respect of a Facility for which (i) there has occurred a cost overrun in excess of five percent (5%) of the costs set forth in the Pro Forma Model delivered in connection with the Initial Facility Funding Date for such Facility or (ii) the achievement of the applicable milestone relevant to such Borrowing has not occurred by the date that is forty-five (45) days after the earliest date for such milestone set forth anywhere in the applicable PPA(s) or other relevant Facility Documents and Tax Equity Documents, the Borrower shall have delivered to the Administrative Agent and the Lenders a summary from the Independent Engineer which includes confirmations that (x) a reasonable amount of funds are available to complete such Facility and (y) such Facility can reasonably be completed with such available funds within the deadlines of the applicable PPA(s) and other relevant Facility Documents and Tax Equity Documents, certified by the Independent Engineer in respect of such Facility, in each case in a form reasonably acceptable to the Required Lenders.
