Common use of Material Permits Clause in Contracts

Material Permits. (i) All material Permits (other than the FERC Order and the Export Authorizations) necessary for the Development are set forth in Schedule F (Material Permits) hereto, and: (A) as to those identified as such in the relevant schedule, have been duly obtained, were validly issued, are in full force and effect, and are not the subject of any pending appeal (or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal) and all applicable fixed time periods for appeal set forth in the Government Rules pursuant to which such Permits were issued have expired or are Permits that do not have limits on appeal periods; or (B) as to those identified as such in the relevant schedule, are expected by the Obligors to be obtained in the ordinary course by the time they are necessary for the Development; and (C) in the case of the Permits described in sub-clause (A) above, are, or, in the case of the Permits described in sub-clause (B) above, are reasonably expected to be, free from conditions or requirements: (1) the compliance with which could reasonably be expected to have a Material Adverse Effect; or (2) which the Obligors do not expect to be able to satisfy on or prior to the commencement of the relevant stage of Development for which such Permit is necessary, except to the extent that a failure to so satisfy such condition or requirement could not reasonably be expected to have a Material Adverse Effect. (ii) In respect of each Obligor, to its Knowledge, there is no action, suit or proceeding pending with respect to any material Permit set forth in Schedule F (Material Permits) attached hereto (not including the FERC Order or any Export Authorization) that could reasonably be expected to result in a Material Adverse Effect or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal.

Material Permits. (i) All material Permits (other than the FERC Order and the Export Authorizations) necessary for the Development are set forth in Schedule F 6.01(b) (Material Permits) hereto, and: (A) as to those identified as such in the relevant schedule, have been duly obtained, were validly issued, are in full force and effect, and are not the subject of any pending appeal (or if subject to any appealthe issuing agency, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal) and all applicable fixed time periods for appeal set forth in to the Government Rules pursuant to which such Permits were issued issuing agency have expired (except as noted on Schedule 6.01(b) (Material Permits) hereto or are as to Permits that do not have limits on appeal periods); or (B) as to those identified as such in the relevant schedule, are expected by the Obligors Loan Parties to be obtained in the ordinary course by the time they are necessary for the Developmentnecessary; and (C) in the case of the Permits described in sub-clause (A) above, are, or, in the case of the Permits described in sub-clause subclause (B) above, are reasonably expected to be, free from conditions or requirements: (1) the compliance with which could reasonably be expected to have a Material Adverse Effect; or (2) which the Obligors Loan Parties do not expect to be able to satisfy on or prior to the commencement of the relevant stage of Development for which such Permit is necessary, except to the extent that a failure to so satisfy such condition or requirement could not reasonably be expected to have a Material Adverse Effect. (ii) In respect of each ObligorLoan Party, to its Knowledge, there is no action, suit or proceeding pending with respect to any material Permit set forth in Schedule F 6.01(b) (Material Permits) attached hereto (not including the FERC Order or any Export Authorization) that could reasonably be expected to result in a Material Adverse Effect or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appealEffect.

Material Permits. (i) All material Permits (other than the FERC Order The Company and the Export Authorizations) necessary each of its Subsidiaries holds, and is operating in compliance with all grants, authorizations, licenses, permits, consents, certificates and orders of any governmental or self-regulatory body required for the Development conduct of its respective businesses and all such grants, authorizations, licenses, permits, consents, certifications and orders are set forth in Schedule F (Material Permits) hereto, and: (A) as to those identified as such in the relevant schedule, have been duly obtained, were validly issued, are valid and in full force and effect, and are not the subject of any pending appeal (except for such noncompliance or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal) and all applicable fixed time periods for appeal set forth in the Government Rules pursuant to which such Permits were issued have expired or are Permits that do not have limits on appeal periods; or (B) as to those identified as such in the relevant schedule, are expected by the Obligors failures to be obtained in the ordinary course by the time they are necessary for the Development; and (C) in the case of the Permits described in sub-clause (A) above, are, or, in the case of the Permits described in sub-clause (B) above, are reasonably expected to be, free from conditions or requirements: (1) the compliance with which could reasonably be expected to have a Material Adverse Effect; or (2) which the Obligors do full force and effect that would not expect to be able to satisfy on or prior to the commencement of the relevant stage of Development for which such Permit is necessary, except to the extent that a failure to so satisfy such condition or requirement could not reasonably be expected to have a Material Adverse Effect. (ii) In respect of each Obligor, to its Knowledge, there is no action, suit or proceeding pending with respect to any material Permit set forth in Schedule F (Material Permits) attached hereto (not including the FERC Order or any Export Authorization) that could reasonably be expected to result in a Material Adverse Effect Effect; and neither the Company nor any of its Subsidiaries has received notice of any revocation or if subject modification of any such grant, authorization, license, permit, consent, certification or order or has reason to believe that any appealsuch grant, authorization, license, permit, consent, certification or order will not be renewed in the ordinary course, except for such notices and such possibility of non-renewal that would not reasonably be expected to result in a Material Adverse Effect; and the Company and each of its Subsidiaries is in compliance with all applicable federal, state, local and foreign laws, regulations, orders and decrees, except for such noncompliance that would not reasonably be expected to result in a Material Adverse Effect. No approval, authorization, consent or order of or filing with any foreign, federal, state or local governmental or regulatory commission, board, body, authority or agency is required in connection with the issuance and sale of the Shares or the consummation by the Company of the transactions contemplated hereby, other than (i) as have been obtained or may be required under the Securities Act, (ii) as have been obtained or may be required under the blue sky laws of the various jurisdictions in which the Shares are being offered by the Investor, (iii) the filing of any reports under the Exchange Act, (iv) such approvals as may be required by FINRA, (v) approval of the listing of the Shares by the Trading Market, or (vi) such approvals as have been obtained or made as of the Purchase Date. This Section 5.17 does not relate to environmental matters, such appeal does not have a reasonable probability items being the subject of success and the applicable permit remains effective during such appealSection 5.18.

Material Permits. (i) All material Permits (other than the FERC Order and the Export Authorizations) necessary for the Development are set forth in Schedule F (Material Permits) hereto, and: (A) as to those identified as such in the relevant schedule, (1) have been duly obtained, were validly issued, are in full force and effect, (2) satisfies the Permit Appeal Qualification, and are not the subject of any pending appeal (or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal3) and all applicable fixed time periods for appeal set forth in the Government Rules pursuant to which such Permits were issued have expired or are Permits that do not have limits on appeal periods; or (B) as to those identified as such in the relevant schedule, are expected by the Obligors to be obtained in the ordinary course by the time they are necessary for the Development; and (C) in the case of the Permits described in sub-clause (A) above, are, or, in the case of the Permits described in sub-clause (B) above, are reasonably expected to be, free from conditions or requirements: (1) the compliance with which could reasonably be expected to have a Material Adverse Effect; or (2) which the Obligors do not expect to be able to satisfy on or prior to the commencement of the relevant stage of Development for which such Permit is necessary, except to the extent that a failure to so satisfy such condition or requirement could not reasonably be expected to have a Material Adverse Effect. (ii) In respect of each Obligor, to its Knowledge, there is no action, suit or proceeding pending with respect to any material Permit set forth in Schedule F (Material Permits) attached hereto (not including the FERC Order or any Export Authorization) that could reasonably be expected to result in a Material Adverse Effect or if subject to any appeal, such appeal does not have a reasonable probability of success and satisfies the applicable permit remains effective during such appealPermit Appeal Qualification.

Material Permits. (i) All material Permits (other than the FERC Order and the Export Authorizations) necessary for the Development are set forth in Schedule F 6.01(b) (Material Permits) hereto, and: (A) as to those identified as such in the relevant schedule, have been duly obtained, were validly issued, are in full force and effect, and are not the subject of any pending appeal (or if subject to any appealthe issuing agency, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appeal) and all applicable fixed time periods for appeal set forth in to the Government Rules pursuant to which such Permits were issued issuing agency have expired (except as noted on Schedule 6.01(b) (Material Permits) hereto or are as to Permits that do not have limits on appeal periods); or (B) as to those identified as such in the relevant schedule, are expected by the Obligors Loan Parties to be obtained in the ordinary course by the time they are necessary for the Developmentnecessary; and (C) in the case of the Permits described in sub-clause (A) above, are, or, in the case of the Permits described in sub-clause (B) above, are reasonably expected to be, free from conditions or requirements: (1) the compliance with which could reasonably be expected to have a Material Adverse Effect; or (2) which the Obligors Loan Parties do not expect to be able to satisfy on or prior to the commencement of the relevant stage of Development for which such Permit is necessary, except to the extent that a failure to so satisfy such condition or requirement could not reasonably be expected to have a Material Adverse Effect. (ii) In respect of each ObligorLoan Party, to its Knowledge, there is no action, suit or proceeding pending with respect to any material Permit set forth in Schedule F 6.01(b) (Material Permits) attached hereto (not including the FERC Order or any Export Authorization) that could reasonably be expected to result in a Material Adverse Effect or if subject to any appeal, such appeal does not have a reasonable probability of success and the applicable permit remains effective during such appealEffect.