Purchaser’s Conditions Precedent to Closing. The obligations of the Purchaser under this Agreement are subject to the satisfaction on or before the Closing Date of all conditions contained in this Agreement, including each of the following (any of which may be waived by the Purchaser, in the Purchaser's sole and absolute discretion, but only in writing):
Purchaser’s Conditions Precedent to Closing. It shall be a condition precedent to Purchaser’s obligation to make a full settlement hereunder that each and every one of the following conditions shall exist on the Closing Date:
Purchaser’s Conditions Precedent to Closing. The obligations of the Purchaser to buy the Sale Shares on the Closing Date are subject to the satisfaction, or waiver at or prior to the Closing, of the following conditions:
Purchaser’s Conditions Precedent to Closing. The Build Transfer Agreement will contain certain conditions precedent required for Purchaser to Close which are customary and appropriate for a transaction of this type and scale, including, among other things: • Seller’s representations and warranties are true and correct as of Closing in all material respects except for Seller’s fundamental representations and warranties and representations and warranties qualified by a materiality standard, which will be true and correct in all respects; • Seller has performed its obligation in all material respects; • No laws or final orders restrict the Proposed Transaction; • All of Purchaser’s Consents have been obtained and are in full force and effect; • All of Seller’s closing deliverables have been provided; • The Project Contracts and schedules support achievement of the Commercial Operation Date (as defined in the EPC Agreement) on or prior to the Commercial Operation Deadline (as defined in the EPC Agreement); • The Project has achieved Availability Completion (as defined in the EPC Agreement) and, if applicable, ESS Availability Completion (as defined in the EPC Agreement); • The Project has not, in whole or in part, been synchronized to the electric transmission system; • Seller has provided documentation satisfactory to Purchaser with respect to qualification for any applicable tax credits; • Seller’s Parent Guaranty is in full force and effect; • Any objections to title and survey matters have been cured to Purchaser’s reasonable satisfaction; • There are no Seller Material Adverse Effects; and • The required Project permits have been issued.
Purchaser’s Conditions Precedent to Closing. It shall be an express precondition to Purchaser's obligation to purchase the Property that each and every one of the following conditions shall have been satisfied as of the Closing Date (or waived by Purchaser).
Purchaser’s Conditions Precedent to Closing. Section 8.1 of the Agreement is amended to add the following new subsections:
Purchaser’s Conditions Precedent to Closing. Purchaser's obligation to purchase the Property is subject to its confirmation of the satisfaction of the following conditions precedent:
Purchaser’s Conditions Precedent to Closing. Purchaser shall have no obligation to purchase the Property unless the following additional conditions (“Purchaser’s Conditions Precedent”) have been satisfied or waived in writing by Purchaser at or prior to the Closing;
Purchaser’s Conditions Precedent to Closing. Purchaser’s obligation to consummate the transaction described in this Contract of Sale is subject to the satisfaction or written waiver of the following conditions:
Purchaser’s Conditions Precedent to Closing. The obligations of Purchaser under this Agreement are contingent and conditional upon the conditions precedent set forth below in (a) through (p) of this Section being satisfied at Closing (the “Purchaser’s Conditions Precedent”). If any Purchaser’s Condition Precedent is not satisfied, Purchaser, as its sole remedy, may (Y) terminate this Agreement and receive a refund of the Exxxxxx Money, or (Z) waive the failure of any condition precedent and proceed to Closing unless Seller has intentionally or willfully caused same in which case Seller shall be considered in default hereunder and shall have the remedies set forth in Paragraph 12(a) hereof:
