No Defaults, Etc. (i) (A) No default or event of default shall have occurred and be continuing under any Transaction Document, (B) all representations and warranties made by the Borrower, and to the best of its knowledge each other Project Party, in the Transaction Documents shall be true and correct in all material respects, (C) no litigation or other proceeding shall be pending, or, to the best of the Borrower's knowledge, threatened against the Borrower or, to the best of its knowledge, any other Project Party that could reasonably be expected to result in a Material Adverse Effect and (D) there shall have been no material adverse change in the projected Project Costs or the business operations, prospects or financial or other condition of the Borrower or, to the best of the Borrower's knowledge, any other Project Party and (ii) the Agent Bank shall have received a certificate of an Authorized Officer of the Borrower certifying as to the foregoing.
Appears in 1 contract
Sources: Construction and Term Loan Agreement (NRG Generating U S Inc)
No Defaults, Etc. (i) (A) No default or event of default shall have occurred and be continuing under any Transaction Document, (B) all representations and warranties made by the Borrower, and to the best of its knowledge each other Project Party, in the Transaction Documents shall be true and correct in all material respects, (C) no litigation or other proceeding shall be pending, or, to the best of the Borrower's its knowledge, threatened against the Borrower or, to the best of its knowledge, any other Project Party that could reasonably be expected to result in a Material Adverse Effect and (D) there shall have been no material adverse change in the projected Project Costs or the business operations, prospects or financial or other condition of the Borrower or, to the best of the Borrower's knowledge, any Equity Holder, any Equity Contributor, the Energy Purchaser, the EPC Contractor, the Construction Guarantor, the Operator, the O&M Guarantor or any other Project Party and (ii) the Agent Bank shall have received a certificate of an Authorized Officer of the Borrower certifying as to the foregoing.
Appears in 1 contract
Sources: Construction and Term Loan Agreement (NRG Generating U S Inc)