Common use of Lessee Certification Clause in Contracts

Lessee Certification. Lessee, as Construction Agent, shall have furnished Certificate Trustee and Administrative Agent with a certification of Lessee, as Construction Agent, to the effect that: (i) The representations and warranties of Lessee set forth in Sections 4.1(e), (g), (j), (n) and (q) are true and correct as of the Delivery Date for the Systems, including the Equipment comprising such Systems, to be delivered on such date; (ii) All amounts owing to third parties for the Systems to be delivered on the Delivery Date and for the purchase, construction and installation of the Equipment relating thereto have been paid in full (other than obligations that are the subject of a Permitted Contest by Lessee, as Construction Agent); and Participation Agreement (iii) The Systems to be delivered on the Delivery Date would be treated, if owned by Lessee as of such date, as placed in service for financial reporting purposes in the fiscal quarter in which the delivery is to be made.