Common use of Requisition Procedure Clause in Contracts

Requisition Procedure. No disbursement from the Acquisition Fund shall be made unless and until Lessor has approved such requisition. Prior to disbursement from the Acquisition Fund for the payment of Delivery Costs there shall be filed with the Acquisition Fund Custodian a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 2, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due, and that: (i) an obligation in the stated amount has been incurred by Lessee, and the same is a proper charge against the Acquisition Fund for Delivery Costs identified in the Lease, and has not been paid and attached thereto is the original invoice with respect to such obligation, (ii) the Renewable Energy Equipment is insured in accordance with the Lease, (iii) no event of nonappropriation or Event of Default, and no event which with notice or lapse of time, or both, would become an event of nonappropriation or Event of Default, under the Lease has occurred and is continuing at the date thereof, (iv) the disbursement shall occur prior to , 2013, (v) no Material Adverse Change in Lessee’s financial condition shall have occurred since the date of the execution of the Lease and (vi) the representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date thereof. Prior to disbursement from the Acquisition Fund for payment of Equipment Costs there shall be filed with the Acquisition Fund Custodian a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due and certifying the date of Equipment Acceptance for the portion of Renewable Energy Equipment for which disbursement is requested. Each such requisition shall be signed by an authorized representative of Lessee (an “Authorized Representative”) and by Lessor, and shall be subject to the following:

Requisition Procedure. No disbursement from the Acquisition Fund shall be made unless and until Lessor has approved such requisition. Prior to disbursement from the Acquisition Fund for the payment of Delivery Costs there shall be filed with the Acquisition Fund Custodian a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 2, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due, and that: (i) an obligation in the stated amount has been incurred by Lessee, and the same is a proper charge against the Acquisition Fund for Delivery Costs identified in the Lease, and has not been paid and attached thereto is the original invoice with respect to such obligation, (ii) the Renewable Energy Equipment is insured in accordance with the Lease, (iii) no event of nonappropriation or Event of Default, and no event which with notice or lapse of time, or both, would become an event of nonappropriation or Event of Default, under the Lease has occurred and is continuing at the date thereof, (iv) the disbursement shall occur prior to , 2013, (v) no Material Adverse Change in Lessee’s financial condition shall have occurred since the date of the execution of the Lease and (vi) the representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date thereof. Prior to disbursement from the Acquisition Fund for payment of Equipment Costs there shall be filed with the Acquisition Fund Custodian a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due and certifying the date of Equipment Acceptance for the portion of Renewable Energy Equipment for which disbursement is requested. Each such requisition shall be signed by an authorized representative of Lessee (an “Authorized Representative”) and by LessorXxxxxx, and shall be subject to the following: