Sufficient Rights. (i) the Borrower’s ownership and lease of its properties, the Transaction Documents and the Applicable Permits create rights in the Borrower sufficient to enable it to develop, construct, finance, own and operate the Projects and to perform as required pursuant to and in accordance with the Transaction Documents; and (ii) there are no material services, materials or rights (including utility services and any Real Property Rights) required for the development, construction, finance, operation or routine maintenance of the Projects in accordance with this Agreement and the ESAs, other than those available under the Project Documents or that can reasonably be expected to be commercially available at the site of each Project.
Appears in 3 contracts
Sources: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)