Common use of Loan Commitment Amount Reductions Clause in Contracts

Loan Commitment Amount Reductions. (i) The Borrower may, on not less than thirty (30) days’ prior written notice to DOE and upon the satisfaction of any consent requirement or other applicable provisions of this Agreement and each other Financing Document, permanently reduce the Maximum Guaranteed Loan Amount in whole or in part, but only if: (A) the Borrower demonstrates to DOE’s satisfaction that the total funding committed and available to the Eligible Projects and Preliminary Eligible Projects with respect to which an Advance has been made is sufficient to pay all remaining Project Costs for such Eligible Projects and Preliminary Eligible Projects, as applicable; (B) DOE is satisfied that the proposed reduction or cancellation could not reasonably be expected to cause a Default or an Event of Default; (C) the Borrower shall have delivered to DOE by an Acceptable Delivery Method, a certificate, in form and substance satisfactory to DOE, with respect to the matters set forth in clauses (A) and (B) above; and (D) upon such cancellation or reduction, the Borrower shall pay all expenses and other amounts then due with respect to, or as a result of, such cancellation or reduction under this Agreement. (ii) Once reduced or canceled, the relevant portion of the Maximum Guaranteed Loan Amount may not be increased or reinstated. (iii) Notwithstanding the foregoing, any notice of reduction of the Maximum Guaranteed Loan Amount delivered in connection with any refinancing of any Advances with the proceeds of such refinancing or of any other incurrence of Debt or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such other identifiable event or condition and may be revoked by the Borrower, in each case, subject to any limitations set forth in the FFB Documents.

Loan Commitment Amount Reductions. (i) The Borrower may, on not less than thirty (30) **** days’ prior written notice to DOE and upon the satisfaction of any consent requirement or other applicable provisions of this Agreement and each other Financing DocumentDOE, permanently reduce the Maximum Guaranteed Note A Loan Commitment Amount or Note B Loan Commitment Amount, in whole or in part, but only if: (Aa) in case of a reduction of the Note A Loan Commitment Amount, the Borrower demonstrates to DOE’s satisfaction that the total committed funding committed and available to the Eligible Projects and Preliminary Eligible Projects with respect to which an Advance has been made Borrower is sufficient to pay all remaining Block 1 Project Costs for such Eligible Projects in accordance with the then-applicable Block 1 Construction Budget and Preliminary Eligible Projects, as applicablethe Block 1 Project Execution Plan; (Bb) in case of a reduction of the Note B Loan Commitment Amount, the Borrower demonstrates to DOE’s satisfaction that the total committed funding available to the Borrower is sufficient to pay all remaining Block 2 Project Costs in accordance with the then-applicable Block 2 Construction Budget and the Block 2 Project Execution Plan; (c) DOE is satisfied that the proposed reduction or cancellation could would not reasonably be expected to cause a Default or an Event of Default; (Cd) the Borrower shall have delivered to DOE by an Acceptable Delivery Method, a certificate, in form and substance satisfactory to DOE, with respect to the matters set forth in clauses (Aa) and through (Bc) above; and, as applicable; (De) upon such cancellation or reduction, the Borrower shall pay all expenses and other amounts then due with respect to, or as a result of, to such cancellation or reduction under this Agreement.; and (iif) Once once reduced or canceled, neither the relevant portion of Note A Loan Commitment Amount nor the Maximum Guaranteed Note B Loan Commitment Amount may not be increased or reinstatedincreased. (iii) Notwithstanding the foregoing, any notice of reduction of the Maximum Guaranteed Loan Amount delivered in connection with any refinancing of any Advances with the proceeds of such refinancing or of any other incurrence of Debt or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such other identifiable event or condition and may be revoked by the Borrower, in each case, subject to any limitations set forth in the FFB Documents.

Loan Commitment Amount Reductions. (i) The Borrower may, on not less than thirty (30) days’ prior written notice to DOE and upon the satisfaction of any consent requirement or other applicable provisions of this Agreement and each other Financing DocumentDOE, permanently reduce the Maximum Guaranteed Loan Amount in whole or in part, but only if: (A) the Borrower demonstrates to DOE’s satisfaction that the total funding committed and available to the Eligible Projects and Preliminary Eligible Projects with respect to which an a First Advance has been made is sufficient to pay all remaining Project Costs for such Eligible Projects and Preliminary Eligible Projects, as applicable; (B) DOE is satisfied that the proposed reduction or cancellation could would not reasonably be expected to cause a Default or an Event of Default; (C) the Borrower shall have delivered to DOE by an Acceptable Delivery Method, a certificate, in form and substance satisfactory to DOE, with respect to the matters set forth in clauses (A) and (B) above; and (D) upon such cancellation or reduction, the Borrower shall pay all expenses and other amounts then due with respect to, or as a result of, such cancellation or reduction under this Agreement. (ii) Once reduced or canceled, the relevant portion of the Maximum Guaranteed Loan Amount may not be increased or reinstated. (iii) Notwithstanding the foregoing, any notice of reduction of the Maximum Guaranteed Loan Amount delivered in connection with any refinancing of any Advances with the proceeds of such refinancing or of any other incurrence of Debt Indebtedness or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such other identifiable event or condition and may be revoked by the Borrower, in each case, subject to any limitations set forth in the FFB Documents.

Loan Commitment Amount Reductions. (i) The Borrower may, on not less than thirty (30) days’ prior written notice to DOE and upon the satisfaction of any consent requirement or other applicable provisions of this Agreement and each other Financing Document, permanently reduce the Maximum Guaranteed Loan QP Principal Amount for a Qualifying Project in whole or in part, but only if: (A) the Borrower demonstrates to DOE’s satisfaction that the total funding committed and available to the Eligible Projects and Preliminary Eligible Projects with respect to which an Advance has been made applicable Qualifying Project is sufficient to pay all remaining Project Costs Costs, for such Eligible Projects Qualifying Project in accordance with the then applicable Construction Budget, Qualifying Project Milestone Schedule and Preliminary Eligible Projects, as applicableBase Case Financial Model; (B) DOE is satisfied that the proposed reduction or cancellation could would not reasonably be expected to cause a Default or an Event of Default; (C) the Borrower shall have delivered to DOE by an Acceptable Delivery Method, a certificate, in form and substance satisfactory to DOE, with respect to the matters set forth in clauses (Ai) and (Bii) above; and (D) upon such cancellation or reduction, the Borrower shall pay all expenses and other amounts then due with respect to, or as a result of, such cancellation or reduction under this Agreement. (ii) Upon receipt by any Project Company of Net Production Tax Credit Proceeds, the Borrower may elect, by delivery of a written notice to DOE no later than twelve (12) months following receipt of such Net Production Tax Credit Proceeds, to apply such Net Production Tax Credit Proceeds to Eligible Project Costs for a Qualifying Project. Upon DOE’s written acceptance of such notice, the specified amount of Net Production Tax Credit Proceeds will be transferred to the Construction Account for the applicable Qualifying Project and the Maximum QP Principal Amount for such Qualifying Project will be reduced by the same amount. (iii) Once reduced or canceled, the relevant portion of the Maximum Guaranteed Loan QP Principal Amount for a Qualifying Project may not be increased increased. Any reduction or reinstated. (iii) Notwithstanding the foregoing, cancellation of any notice of reduction of Maximum QP Principal Amount will automatically reduce the Maximum Guaranteed Loan Principal Amount delivered in connection with any refinancing of any Advances with the proceeds of such refinancing or of any other incurrence of Debt or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such other identifiable event or condition and may be revoked by the Borrower, in each case, subject to any limitations set forth in the FFB Documentssame Dollar value.

Loan Commitment Amount Reductions. (i) The Borrower may, on not less than thirty (30) days’ prior written notice to DOE and upon the satisfaction of any consent requirement or other applicable provisions of this Agreement and each other Financing Document, permanently reduce the Maximum Guaranteed Loan Amount in whole or in part, but only if: (A) the Borrower demonstrates to DOE’s satisfaction that the total funding committed and available to the Eligible Projects and Preliminary Eligible Projects with respect to which an Advance has been made is sufficient to pay all remaining Project Costs for such Eligible Projects and Preliminary Eligible Projects, as applicable; (B) DOE is satisfied that the proposed reduction or cancellation could not reasonably be expected to cause a Default or an Event of Default; (C) the Borrower shall have delivered to DOE by an Acceptable Delivery Method, a certificate, in form and substance satisfactory to DOE, with respect to the matters set forth in clauses (A) and (B) above; and (D) upon such cancellation or reduction, the Borrower shall pay all expenses and other amounts then due with respect to, or as a result of, such cancellation or reduction under this Agreement. (ii) Once reduced or canceled, the relevant portion of the Maximum Guaranteed Loan Amount may not be increased or reinstated. (iii) Notwithstanding the foregoing, any notice of reduction of the Maximum Guaranteed Loan Amount delivered in connection with any refinancing of any Advances with the proceeds of such refinancing or of any other incurrence of Debt or the occurrence of some other identifiable event or condition, may be, if expressly so stated to be, contingent upon the consummation of such refinancing or incurrence or occurrence of such other identifiable event or condition and may be revoked by the Borrower, in each case, subject to any limitations set forth in the FFB Documents.